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Has a loved one or you become injured either in an accident or by way of the willful neglect of someone? There are times things can be solved through insurance or through a small claims case. If it is very minor it’s a good idea to forget about it and move forward.
But maybe you really need someone to take your side. Someone who will gun for you. A person who will fight on your side. Sometimes you really should retain a La Paz County personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and seeing the situation objectively is difficult. But remaining calm and logical can be the difference between getting the proper payment or leaving the case feeling like you didn’t get what you wanted.
A successful La Paz County personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our legal system. Many people may not even get the implications of what could happen until conversing with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move ahead with any potential claim.
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What is a La Paz County Motorcycle Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are also known as litigation 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 someone brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation fails, the lawyer could fie a lawsuit in response. But what cases could a personal injury attorney take on?
The PIL generally takes a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 negligence or incompetence of someone else.
The second main field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person intentionally 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 tell the possible causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of the legal universe, PILs almost always 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 beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only 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 could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may very well end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is totally aware that they are at fault for the incident that led to the claim, they probably do 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 large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many 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 payment in the near term rather than down the road. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides 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.
Choose the Successful Motorcycle Injury Lawyer Near Me in La Paz County
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!