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Things a Personal Injury Lawyer Near Me does:
Have you or a loved one become injured in an accident or by way of the neglect of someone? Sure, sometimes issues can be solved through personal insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to forget about it and move on.
But there are times you really could use someone to take your side. Someone that will fight for you. Someone who will fight on your side. Those are the times you really need a South Tucson personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the incident happened.
Being victimized by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is challenging. But staying cool and collected can make the difference between receiving the best compensation or leaving the case with no money.
A successful South Tucson personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. Many people may not even comprehend the potential consequences of what could happen until conversing with a professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and how they can be of service, and help you move ahead with any potential claim.
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What is a South Tucson Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to your claim, and use all their possible resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney fight for?
The PIL usually handles a large variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary field of a PIL is the purposely executed tort case. An intentional tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the 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 send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case will end up going to 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 unneeded legal fees. If the defendant is totally 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 or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone 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 many months or longer. Not only that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation sooner rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 attorney has formed 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 demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, decides if they will bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or is in partial agreement, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer Near Me in South Tucson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!