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Have you or a loved one become injured either in an accident or through the willful negligence of others? There are times incidents can be solved through insurance or through a small claims court. If it is very minor it can be probably a good idea to forget about it and get on with your life.
But sometimes you really need someone to take your side. Someone that will really gun for you. Someone who will really fight on your side. Sometimes you really should retain a Pima personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life prior to when the incident happened.
Being victimized by a crime, accident, or negligence is never fun. It’s an emotional time, and being objective is challenging. However, keeping cool and logical can be the difference between receiving the fair payment or leaving the case with nothing.
An experienced Pima personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. Most people may not even comprehend the breadth of what could happen until talking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move ahead with the process of any possible case.
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What is a Pima Red light Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally retained 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party might hire a personal injury lawyer when the claim 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 personal injury lawyer has been hired, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation falls through, the lawyer can file a lawsuit in response. But what cases can a personal injury lawyer fight for?
The PIL usually 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, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of law, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may end up going to trial.
But 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 fees. If the party that is liable is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation 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 just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case 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 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 opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or partially agrees, 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 Red light Car Accident Attorney near Me in Pima
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!