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What a Non-Accident Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt either in an accident or through the willful neglect of someone? Sure, sometimes things can be resolved through personal insurance or through a small claims case. If it is very minor it can be best to forget about it and get on with your life.
But maybe you need someone to get your back. Someone who will gun for your case. A person who will fight for your side. Those are the times you really should retain a Pima County personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is challenging. However, keeping cool and logical can be the difference between getting the appropriate price that you deserve or quitting the case with a situation you will never recover from.
A great Pima County personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of the legal system. Many people may not even comprehend the breadth of what’s happening until talking with a legal professional. An attorney can help you see all of this objectively, determine if a claim exists and whether they can be of service, and help you move forward with any possible claim or case.
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What is a Pima County Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional may file a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
A PIL usually takes a wide number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other areas of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is completely aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
And lastly, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always the best situation. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Pima County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they deserved. We offer a free consultation so you can see if we can help you with your claim, too. Give us a call today at 602-989-1759!