Top Rated Personal Injury Lawyer Near Me in Tolleson For 2024
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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one become injured in an accident or by way of the willful neglect of others? Sure, sometimes issues can be resolved by personal insurance or through a small claims case. Every once in a while it can be probably best to drop it and get on with your life because it may cause you more headache than it is worth .
But maybe you could use someone to take your side. Someone who will fight for your cause. Someone who will really fight on your side. Those are the times you really need a Tolleson personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back to your life before the incident happened.
Being hurt by a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and seeing the situation objectively is challenging. But keeping cool and collected can be the difference between receiving the best price that you deserve or dropping the case with a situation that you will not like at all.
An experienced Tolleson personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our legal system. Many people may not even comprehend the facts of the situation until discussing the matter with a professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move forward with any possible claim or case.
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What is a Tolleson Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash 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 another person, a civil lawyer is usually hired to start 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 will hire a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to the claim, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
The PIL generally tackles a wide number of cases that fall into two main groups. 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 another person.
The other primary field of a PIL is the intentional wrongful case. An intentional tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats 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 Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a 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 totally unacceptable that a personal injury claim will 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 a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A lengthy trial brings big publicity. 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 confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award 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 exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And lastly, 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 for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement to terms, 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 file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Tolleson
Here at DeLozier Law, we have many 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!