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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one been hurt either in an accident or through the negligence of someone? Sure, sometimes incidents can be resolved by insurance or through a small claims court. Occasionally it’s best to walk it off and get on with your life.
But there are times you really could use someone to take your side. Someone that will fight for your case. A professional who can really fight for your side. Then you really must have a Tucson personal injury professional 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 unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is nearly impossible. But staying cool and logical can be the difference between getting the fair price or going home with no recourse.
A successful Tucson personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even realize the potential consequences of the situation until talking with a legal professional. An attorney can help you see all of this in a more objective light, determine the claim and whether they can help with your case, and help you move forward with the process of any potential claim.
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What is a Tucson Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally hired to recover cash or other assets 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 begin the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury professional when the claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to your case, and use all possible resources to verify all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL usually takes a wide variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second primary study of a PIL is the intentional injustice case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, separate from most other fields of the legal universe, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may very well end up going to court.
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 defendant is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial award sooner rather than later. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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. The plaintiff would 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 give a much lesser amount due to unknown circumstances pretrial.
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Tucson
Here at DeLozier Law, we have many 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!