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Duties of a Body Injury Lawyer Near Me:
But there are times you need someone to get your back. Someone who will gun for your case. A person who will really fight on your side. That’s when you really need a South Tucson personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an emotional time, and seeing the situation objectively is challenging. However, remaining cool and logically oriented can make the difference between getting the proper compensation that you deserve or quitting the case with no recourse.
An experienced South Tucson personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. Most people may not even realize the breadth of what might occur until conversing with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move ahead with the process of any possible claim.
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What is a South Tucson Body Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
The PIL usually tackles a large variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 negligence or incompetence of another.
The second primary field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other areas of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning 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 the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim can end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows anyone 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. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than having to wait. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required 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 of benefit to either party. The accusing party may in many cases rather settle for a little 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 award 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 legal professional has built 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 demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms. 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 terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to determine 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 South Tucson
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 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!