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Things a Body Injury Lawyer Near Me does:
Have you or a loved one become injured either in an accident or through the negligence of others? Many times problems can be dealt with by insurance or through a small claims case. Occasionally it can be probably a good idea to drop it and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But maybe you really need someone to take your side. Someone who will fight for your cause. Someone who will really fight for your side. Those are the times you really should have a Yuma personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is never enjoyable. It’s a very trying time, and seeing things objectively is hard. But staying cool and logically oriented can be the difference between getting the appropriate price or leaving the case with no recourse.
An experienced Yuma personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even realize the facts of what might occur until speaking with a legal professional. That person can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move ahead with any potential claim or case.
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What is a Yuma Body Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally hired to recover money 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 someone else, a civil attorney is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
The PIL generally tackles 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, automobile accidents, child negligence, 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 carelessness or incompetence of another.
The second primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other areas of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last 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 totally unacceptable that a personal injury claim will 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 attorney 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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Body Injury Lawyer Near Me in Yuma
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!