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Duties of a Body Injury Lawyer Near Me:
Have you or a loved one been injured either in an accident or by way of the willful neglect of someone? Sometimes issues can be resolved by personal insurance or through a small claims case. Occasionally it can be a good idea to forget about it and get on with your life.
But sometimes you need someone to get your back. Someone that will really gun for your cause. Someone who can fight on your side. Then you really should retain a Sahuarita personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life before the incident occurred.
Being the victim of a crime, accident, or willful negligence is not ever fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, remaining cool and logically oriented can be the difference between receiving the appropriate payment that you deserve or quitting the case empty handed.
A great Sahuarita personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Most people may not even realize the full breadth of what’s happening until sitting down with a legal professional. A lawyer can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with the process of any possible case.
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What is a Sahuarita Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally retained to recover money or other valuables 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 start the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take?
A PIL usually handles a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, 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 uncaring state or incompetence of someone.
The other main field of a PIL is the intentional injustice case. An intentional tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is basically endless.
In addition, which is different than most other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten 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 an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up going to trial.
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 unnecessary legal fees. If the defending party is 100% aware that they are at fault for the incident that led to the claim, they probably do 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 high profile people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the 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 Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Sahuarita
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 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!