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Duties of a Negligence Car Accident Attorney Near Me:
Has a loved one or you become hurt either in an accident or by way of the neglect of others? At times problems can be determined through personal insurance or through a small claims case. If it is extremely minor it’s a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But at times you really need someone to get your back. Someone who will fight for you. A professional who can fight on your side. Then you really must have 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 before the incident occurred.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and seeing things objectively is difficult. However, remaining cool and logically oriented can make the difference between receiving the appropriate payment or leaving the case with your tail between your legs.
A South Tucson personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of the legal system. Most people may not even realize the potential consequences of the situation until discussing the matter with a professional. An attorney can help you realize all of this in a more objective light, determine if a possible claim exists and if they can be of service, and help you move ahead with the process of any potential case.
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What is a South Tucson Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally hired 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 another person, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party can retain a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation doesn’t work, the legal professional may file a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
The PIL generally tackles a large variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person 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 basically endless.
In addition, separate from most other fields of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 case can end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally 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 on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 the best situation. 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 taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation worked out, decides whether or not to 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 put forth by the plaintiff. If the other party agrees completely to all terms, 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, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Negligence Car Accident Attorney 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!