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Things a Non-Accident Personal Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or through the negligence of others? Many times problems can be dealt with through insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and get on with your life.
But sometimes you need someone to get your back. Someone that will really fight for you. A person who will fight for your side. Then you really should have a Sahuarita personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and being objective is difficult. However, staying calm and logical can make the difference between getting the best payment or quitting the case worse off than before.
A successful Sahuarita personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even fully realize the full breadth of what’s happening until speaking with a legal professional. An attorney can help you realize all of this objectively, determine if a potential claim exists and whether or not they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Sahuarita Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover cash 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 bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take?
The PIL usually tackles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of 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 another person.
The other primary field of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is nearly endless.
In addition, which is different than nearly all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 totally unacceptable that a claim can end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is 100% aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award in the near term rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
And lastly, 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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 attorney 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case 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 everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Sahuarita
Here at DeLozier Law, we have over 4 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!