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Has a loved one or you become hurt in an accident or through the willful negligence of others? Sometimes issues can be settled by personal insurance or through a small claims court. Occasionally it’s best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But sometimes you could use someone to get your back. Someone who will really fight for your cause. A professional who will fight on your side. That’s when you really should have a Tucson personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s a very trying time, and being objective is difficult. However, keeping calm and logical can make the difference between getting the appropriate payment or quitting the case feeling incompetent.
An experienced Tucson personal injury professional can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the implications of the situation until sitting down with a professional. That person can help you see all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move ahead with any potential claim or case.
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What is a Tucson Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil 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 a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party may hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, 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 lawyer may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer accept?
The PIL generally tackles a wide variety of cases that fall 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. 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 negligence or incompetence of someone.
The other primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is basically endless.
In addition, which is different than nearly all other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be 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 Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could 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 may end up going to court.
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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation sooner rather than later. Or they may just not want to go through 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 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 of benefit to either party. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the 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 finding 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 opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, decides whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in 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!