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What a Common Carrier Accident Injury Lawyer Near Me does:
Have you or a loved one become injured either in an accident or through the negligence of someone? At times incidents can be determined through insurance or through a small claims case. Every once in a while it can be probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you need someone to take your side. Someone who will fight for you. A person who will really fight on your side. That’s when you really must have a Yuma County personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is hard. But keeping calm and logical can make the difference between getting the appropriate compensation or quitting the case with a situation you will never recover from.
An experienced Yuma County personal injury legal representative 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. Many people may not even comprehend the facts of what’s happening until talking with a professional. That person can help you realize all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with any potential case.
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What is a Yuma County Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash 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 someone else, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation fails, the attorney will consider filing a lawsuit in response. But what cases would a personal injury attorney take on?
A PIL generally tackles a large number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be 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.
The other primary study of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person intentionally injures 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 nearly endless.
In addition, and completely different from nearly all other areas of law, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case will end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is 100% 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 settling the case will keep it on the DL. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me 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 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!