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Things a Train Personal Injury Lawyer Near Me does:
But maybe you need someone to take your side. Someone that will gun for you. A professional who will fight for your side. Sometimes you really need a Tucson personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s a very trying time, and being objective is nearly impossible. However, staying cool and collected can be the difference between receiving the proper payment that you deserve or going home with your tail between your legs.
A Tucson personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even get the full breadth of what could happen until speaking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and whether or not they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Tucson Train Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation 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 a person brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person may hire a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information from 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 potential resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what cases could a personal injury lawyer take?
A PIL usually takes a wide number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 uncaring state or incompetence of another.
The other main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of the legal universe, 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 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 can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may end up in court.
But 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 initiates 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 might 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 well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 for the best. The accusing party would 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 award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to push 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 to all terms, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees, 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 Train Personal 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!