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Have you or a loved one become hurt in an accident or through the neglect of others? Sometimes issues can be settled by insurance or through a small claims court. If it is very minor it can be probably a good idea to drop it and move on.
But there are times you really could use someone to get your back. Someone who will gun for your case. A person who will really fight on your side. Then you really should retain a Tucson personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or willful negligence is never a good time. It’s an emotional time, and seeing the situation objectively is nearly impossible. However, staying calm and collected can be the difference between getting the proper compensation that you deserve or going home worse off than before.
A great Tucson personal injury attorney can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our legal system. Many people may not even understand the full breadth of what’s happening until conversing with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move forward with any potential case.
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What is a Tucson Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for 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 bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party could retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues arising from the injury, and more.
After the attorney 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 are available, gather any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation fails, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take?
A PIL generally takes a wide variety of cases falling 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. 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 someone else.
The other primary field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning 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 last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may end up going to court.
However, it is rare 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 other party is completely 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment as soon as possible 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 anything else that is required to win the case.
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 the best situation. The accusing party may in many cases 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 award a much lesser amount due to unknown circumstances pretrial.
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Tucson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they needed and 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!