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What a Personal Injury Lawyer Near Me does:
But at times you need someone to take your side. Someone who will fight for your cause. 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 financial and individually, so you can roll back to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is not a good time. It’s a very trying time, and being objective is nearly impossible. But keeping cool and logical can be the difference between getting the fair compensation that you deserve or going home with no money.
An experienced Pima County personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the breadth of the situation until discussing the matter with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and how they can be of service, and help you move ahead with any possible claim or case.
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What is a Pima County Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents in relation to the claim, and use all possible resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If that negotiation falls through, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
A PIL generally handles a wide variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other primary study of a PIL is the intentional tort case. A purposeful tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of the legal world, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim can end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in Pima County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we helped them get the settlement they needed and 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!