Top Rated Body Injury Lawyer Near Me in Tolleson For 2024
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Duties of a Body Injury Lawyer Near Me:
Have you or a loved one become hurt in an accident or through the willful neglect of others? At times things can be settled through insurance or through a small claims case. If it is not worth fighting for it can be a good idea to drop it and get on with your life.
But perhaps you really need someone to get your back. Someone that will really fight for you. A professional who can fight for your side. Then you really should have a Tolleson personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing things objectively is nearly impossible. But staying cool and collected can be the difference between getting the proper compensation or going home with no money.
An experienced Tolleson personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our legal system. Many people may not even realize the full breadth of what’s happening until talking with a professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move forward with the process of any possible claim.
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What is a Tolleson Body Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other assets 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 bring the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the 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 found, gather any and all documents in relation to the claim, and use all their possible resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what cases can a personal injury lawyer take?
The PIL usually tackles a wide number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The second primary field of a PIL is the purposefully perpetrated wrongful 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 similar situations. Really the possible causes for a personal injury case is essentially endless.
In addition, and completely different from nearly all other fields of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 strictly upon a percentage of the 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 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 just flat-out refused that a claim could potentially end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation in the near term rather than later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 plaintiff 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 claim completely or having a judge or jury give a much lesser amount.
What are the PIL 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 lawyer has formed 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 requested.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Body Injury Lawyer Near Me in Tolleson
Here at DeLozier Law, we have many 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!