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Duties of a PTSD Injury Lawyer Near Me:
Has a loved one or you become injured either in an accident or through the negligence of someone? Sometimes things can be resolved through personal insurance or through a small claims case. If it is extremely minor it’s probably best to forget about it and move on.
But sometimes you really could use someone to take your side. Someone who will really fight for you. Someone who can fight on your side. Sometimes you really should have a Tucson personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and being objective is challenging. But keeping calm and logically oriented can make the difference between receiving the appropriate price or quitting the case a permanently awful situation.
A great Tucson personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to navigate the ins and outs of our legal system. Most people may not even realize the facts of what might occur until speaking with a professional. An attorney can help you realize 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 potential claim or case.
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What is a Tucson PTSD Injury 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 usually retained to recover cash or other financial instruments 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 lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person can hire a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, 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, gather any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation fails, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer accept?
A PIL generally takes a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is basically endless.
In addition, and in contrast to nearly all 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 has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case may very well end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is fully aware that they are at fault for the incident that led to the claim, they would 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 low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation in the near term 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 finish 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 of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push 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 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 to terms, 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 PTSD Injury Lawyer Near Me in Tucson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!