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Things a Car Accident Lawyer does:
Have you or a loved one been injured either in an accident or through the willful negligence of someone? At times incidents can be solved through insurance or through a small claims court. If it is very minor it’s probably best to drop it and get on with your life because it may cause you more headache than it is worth .
But maybe you really need someone to get your back. Someone who will fight for you. A person who can fight on your side. Those are the times you really need a Yuma County personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is never fun. It’s an emotional time, and seeing the situation objectively is nearly impossible. However, remaining calm and logical can be the difference between receiving the appropriate compensation or dropping the case with nothing.
An experienced Yuma County personal injury professional can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even understand the facts of the situation until discussing the matter with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with any potential case.
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What is a Yuma County Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually retained to recover money or other financial means 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 begin the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and more.
After the lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation fails, the legal professional may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney take?
The PIL generally handles a wide variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second main study of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposely injures 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 essentially endless.
In addition, and completely different from pretty much all other fields of the legal universe, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal 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 getting 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 case may end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 what either party wants. The accusing party may in many cases rather settle for 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 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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a 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, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Yuma County
Here at DeLozier Law, we have many 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!