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Duties of a Plane Personal Injury Lawyer Near Me:
Have you or a loved one become injured either in an accident or by way of the negligence of others? Sometimes problems can be dealt with through personal insurance or through a small claims case. Every once in a while it’s a good idea to forget about it and move forward.
But there are times you really could use someone to have your back. Someone that will fight for your cause. A professional who will fight on your side. Then you really should retain a Tucson personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the injury occurred.
Being the victim of a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and being objective is challenging. But staying calm and logically oriented can be the difference between receiving the fair compensation that you deserve or leaving the case broke.
A great Tucson personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even understand the potential consequences of the situation until conversing with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and how they can help with your case, and help you move forward with the process of any potential case.
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What is a Tucson Plane Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover money 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 someone else, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party might retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation fails, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
The PIL usually takes a wide number of cases falling into two main groups. 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 at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main field of a PIL is the purposely executed injustice case. An intentional tort happens when one person willfully 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 potential causes for a personal injury case is essentially endless.
In addition, unlike most other fields of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon 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 so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case may very well end up in front of a judge.
However, it is rare 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 unneeded 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 probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 plaintiff would rather settle for 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 Personal Injury Lawyer’s Duties?
First they will take care of getting 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 incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Tucson
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!