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Has a loved one or you been hurt in an accident or by way of the willful negligence of others? Many times incidents can be settled through insurance or through a small claims court. Every once in a while it can be probably best to walk it off and get on with your life.
But perhaps you need someone to have your back. Someone that will really fight for your case. Someone who will really fight for your side. Then you really need a Pima personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is very hard. But staying cool and logical can make the difference between getting the appropriate price or dropping the case a permanently awful situation.
A great Pima personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the implications of the situation until conversing with a legal professional. That person can help you see all of this objectively, determine if a possible claim exists and if they can be of service, and help you move ahead with any potential case.
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What is a Pima Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured person might retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation fails, the lawyer will consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney take on?
A PIL usually handles a large variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, personal injury professionals almost 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 strictly 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 these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim can end up going to trial.
But it is rare 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 fees. If the other 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award as soon as possible 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 complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, settlement allows the injured party 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 plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating 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 opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Pima
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!