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Has a loved one or you become injured in an accident or by way of the negligence of someone? Sure, sometimes incidents can be resolved by personal insurance or through a small claims court. Every once in a while it can be best to drop it and get on with your life because it may cause you more headache than it is worth spending your time on.
But there are times you could use someone to get your back. Someone who will really fight for your cause. A professional who can really fight for your side. Those are the times you really need a South Tucson personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being hurt by a crime, accident, or negligence is not ever a good time. It’s an emotional time, and being objective is difficult. However, staying cool and logical can be the difference between receiving the proper payment or going home with no settlement.
A successful South Tucson personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even fully realize the full breadth of what could happen until conversing with a legal professional. A lawyer can help you see all of this objectively, determine the claim and how they can be of service, and help you move forward with any potential case.
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What is a South Tucson Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the 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 found, gather any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
The PIL usually handles a large variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second main study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of causes for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of the legal universe, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome 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 Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment 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 just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And finally, 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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking 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 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in South Tucson
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 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!