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Duties of a Wrongful Death Lawyer Near Me:
But maybe you really could use someone to get your back. Someone that will really fight for your case. A person who will really fight on your side. Those are the times you really should retain a South Tucson personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the injury happened.
Being hurt in a crime, accident, or negligence is never a good time. It’s an emotional time, and being objective is nearly impossible. However, keeping cool and logical can make the difference between receiving the fair payment or quitting the case with your tail between your legs.
A great South Tucson personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even realize the implications of the situation until sitting down with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and whether or not they can help with your case, and help you move forward with any potential case.
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What is a South Tucson Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money 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 someone else, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury professional when the claim involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information for 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 the claim, and use all potential resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response. But what cases does a personal injury attorney take?
A PIL usually tackles a wide number of cases falling into two main categories. 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 uncaring state or incompetence of another person.
The other primary field of a PIL is the purposely executed injustice 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. Really the possible reasons for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these 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 wind up floating back and forth in limbo or an offer is unacceptable that a claim may end up in front of a judge.
But 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 unnecessary legal costs. If the defendant is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum 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 finding 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 detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Wrongful Death 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 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!