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Have you or a loved one become injured either in an accident or through the willful neglect of someone? Sometimes incidents can be worked out by personal insurance or through a small claims case. Occasionally it can be a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But there are times you really could use someone to have your back. Someone who will fight for you. A professional who can fight for your side. Then you really must have a Tucson personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is hard. However, remaining cool and logical can make the difference between getting the fair price or leaving the case broke.
An experienced Tucson personal injury legal representative can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. Many people 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 objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with any possible claim.
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What is a Tucson Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other valuables 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 initiate the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury professional when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents in relation to your claim, and use all possible 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 that negotiation falls through, the lawyer could fie a lawsuit in response. But what cases can a personal injury attorney take?
A PIL generally tackles a wide number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the purposely executed tort case. An intentional tort happens when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is essentially endless.
In addition, which is different than most other areas of the legal universe, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely 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 settlement can help keep the case on the DL. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial award in the near term rather than down the road. Or they may just not want to complete the never-ending 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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Sexual Abuse 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!