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What a Hurt in a Wreck Lawyer does:
Have you or a loved one become hurt either in an accident or by way of the neglect of someone? Many times things can be worked out through personal insurance or through a small claims case. Occasionally it’s a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to have your back. Someone who will gun for you. A person who can really fight for your side. Sometimes you really need a Tucson personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and seeing things objectively is nearly impossible. But keeping calm and logically oriented can be the difference between getting the appropriate price or leaving the case with a situation you will never recover from.
An experienced Tucson personal injury lawyer can act as an advocate between you and the challenging 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 breadth of what might occur until conversing with a professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and whether or not they can help with your case, and help you move ahead with the process of any possible case.
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What is a Tucson Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation 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 another person, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person can retain a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to your claim, and use all potential resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take?
A PIL usually takes a wide number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by 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 second primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other fields of the legal world, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only 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 these final steps of the process aren’t necessarily easy. The injured party can send back a 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 claim will end up going to trial.
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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is 100% 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award sooner rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 what either party wants. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
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 opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Hurt in a Wreck Lawyer in Tucson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!