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Duties of a Personal Injury Lawyer Near Me:
Have you or a loved one been injured in an accident or by way of the willful negligence of others? Many times things can be dealt with by personal insurance or through a small claims case. If it is extremely minor it can be probably a good idea to drop it and get on with your life.
But sometimes you really need someone to take your side. Someone who will really gun for you. Someone who can fight for your side. Then you really should have a Tucson personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and being objective is challenging. However, remaining cool and logically oriented can be the difference between getting the proper price that you deserve or leaving the case worse off than before.
An experienced Tucson personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even realize the implications of what’s happening until sitting down with a professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and whether they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Tucson Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be found, 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 may first try to work out the settlement of the case. If negotiation fails, the legal professional may consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
A PIL usually takes a wide variety of cases that can be divided into two primary categories. 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 uncaring state or incompetence of another person.
The second primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone intentionally 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 causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. 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 counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may very well end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable 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 settling the case will keep it on the down low. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
And finally, 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely 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 is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Personal Injury Lawyer 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 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!