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Have you or a loved one been injured in an accident or through the willful negligence of someone? Sometimes incidents can be dealt with through insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you really could use someone to take your side. Someone that will really fight for your case. A person who will fight on your side. That’s when you really must have a Tucson personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is challenging. But remaining cool and logical can be the difference between getting the fair price or quitting the case with no recourse.
An experienced Tucson personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what’s happening until conversing with a legal professional. A legal adviser can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with any possible claim.
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What is a Tucson Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired 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 someone brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the attorney has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents in relation to the case, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney accept?
The PIL generally takes a large variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 negligence or incompetence of another.
The other primary field of a PIL is the intentional injustice case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is essentially endless.
In addition, unlike nearly all other fields of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving 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 end up going to court.
But 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is 100% 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 give 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 provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully 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. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest 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 Tasks?
First they will take care of locating 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 opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case to court. 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 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 only 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 go to court.
Choose the Successful Red light Car Accident Attorney 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!