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Has a loved one or you been injured in an accident or by way of the willful neglect of someone? Many times problems can be worked out through insurance or through a small claims court. If it is extremely minor it’s probably best to forget about it and move forward.
But there are times you really could use someone to have your back. Someone who will really gun for you. Someone who will really fight for your side. Then you really should have a Tucson personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the injury happened.
Being injured by a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and seeing the situation objectively is very hard. But staying calm and logically oriented can make the difference between getting the appropriate compensation that you deserve or leaving the case with no recourse.
An experienced Tucson personal injury attorney can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the potential consequences of what could happen until talking with a professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and whether or not they can help with your case, and help you move ahead with the process of any potential case.
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What is a Tucson Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 attorney is usually hired to start the lawsuit and a different civil attorney is retained by the defendant. 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 the injury such as health reimbursements, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to the case, and use all their possible resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response. But what cases would a personal injury lawyer take on?
The PIL usually handles a large number of cases falling into two main fields. 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 uncaring state or incompetence of someone else.
The other primary study of a PIL is the intentional injustice case. A purposeful tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of the legal universe, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon 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 necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim may end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is totally 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 give much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation 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 simply not want to complete the exhausting 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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Tucson
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!