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What a Hurt in a Wreck Lawyer does:
Has a loved one or you become injured in an accident or through the willful neglect of someone? Sure, sometimes things can be determined through personal insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you need someone to get your back. Someone that will really fight for your case. A professional who will fight on your side. Sometimes you really should retain a South Tucson personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and seeing things objectively is difficult. However, keeping calm and logically oriented can make the difference between receiving the appropriate payment or leaving the case feeling like you didn’t get what you wanted.
A great South Tucson personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even comprehend the facts of what could happen until sitting down with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move forward with any potential claim.
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What is a South Tucson Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party may hire a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer fight for?
The PIL generally takes a wide variety of cases that can be separated into two main 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 carelessness or incompetence of another.
The second main study of a PIL is the intentional tort case. An intentional tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim can end up going to court.
However, it is rare 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 unnecessary legal fees. If the defendant 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can provoke 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 speed things up. Extended trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation in the near term 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 simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is required 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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for 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 PIL Tasks?
First they will take care of locating 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 opposing party. This letter includes a breakdown 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 the outcome of the negotiation, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Hurt in a Wreck Lawyer 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 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!