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Have you or a loved one become hurt in an accident or by way of the negligence of others? Many times problems can be solved by insurance or through a small claims case. If it is very minor it’s a good idea to forget about it and get on with your life.
But there are times you could use someone to have your back. Someone that will really fight for you. Someone who will really fight for your side. Then you really need a Chino Valley personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back to your life before the injury happened.
Being injured by a crime, accident, or negligence is not fun. It’s a very trying time, and seeing the situation objectively is very hard. However, staying cool and logically oriented can be the difference between receiving the appropriate compensation that you deserve or leaving the case with a situation you will never recover from.
A great Chino Valley personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. Many people may not even comprehend the breadth of what’s happening until speaking with a legal professional. A lawyer can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with the process of any possible claim.
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What is a Chino Valley Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained 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 lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury professional when the case involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems arising from the injury, and more.
After the legal professional has been hired, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take on?
The PIL generally takes a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by 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 other primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim will end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is totally 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A large 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 non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, 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 the best situation for either. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in Chino Valley
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 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!