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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one become injured in an accident or by way of the willful neglect of someone? Sometimes issues can be dealt with by personal insurance or through a small claims case. Every once in a while it’s a good idea to forget about it and move on.
But sometimes you need someone to take your side. Someone that will fight for your cause. A person who will fight on your side. That’s when you really need a Tucson personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life before the injury happened.
Being victimized by a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and being objective is hard. But remaining calm and logically oriented can make the difference between receiving the appropriate payment that you deserve or dropping the case feeling like you should have gotten a better deal.
A Tucson personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even get the facts of what might occur until conversing with a professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and how they can be of service, and help you move ahead with any potential claim or case.
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What is a Tucson Negligence Car Accident Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person will hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents related to your case, and use all available resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take on?
A PIL generally handles a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary study of a PIL is the intentional tort case. A purposeful tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the possible reasons for a personal injury case is essentially endless.
In addition, unlike pretty much all other areas of the legal world, personal injury attorneys nearly always 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 otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim could potentially 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 unneeded legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in Tucson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and helped them get the settlement they 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!