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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one become injured either in an accident or through the willful neglect of someone? Sure, sometimes things can be solved by insurance or through a small claims case. Every once in a while it’s best to drop it and get on with your life.
But perhaps you need someone to take your side. Someone who will gun for your case. A person who can fight on your side. That’s when you really must have a Tolleson personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident happened.
Being the victim of a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is difficult. But keeping cool and collected can be the difference between getting the best payment that you deserve or going home with a situation you will never recover from.
A successful Tolleson personal injury attorney can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the full breadth of what’s happening until speaking with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any potential case.
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What is a Tolleson Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 bring the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party can hire a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues 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 able to get. They will talk with all witnesses that can be found, research any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?
The PIL usually takes a wide variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the intentional injustice case. An intentional tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is fully aware that they are at fault for the incident that led to the claim, they would 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 publicly known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment as soon as possible 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 just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Tolleson
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!