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Have you or a loved one been hurt either in an accident or by way of the willful neglect of someone? At times things can be resolved through personal insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and move forward.
But maybe you could use someone to get your back. Someone that will gun for you. Someone who can really fight for your side. That’s when you really should retain a Yuma County 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 prior to when the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not fun. It’s an emotional time, and seeing things objectively is hard. But staying cool and logically oriented can make the difference between receiving the best compensation that you deserve or dropping the case feeling like you should have gotten a better deal.
A successful Yuma County personal injury legal representative can act as a buffer 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 realize the full breadth of what could happen until discussing the matter with a professional. An attorney can help you realize all of this objectively, determine if a potential claim exists and if they can be of service, and help you move ahead with any possible claim.
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What is a Yuma County Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person might hire a personal injury lawyer when the 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 personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents in relation to your claim, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
A 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, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second main study of a PIL is the purposely executed injustice case. A purposeful tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of reasons for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the 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 getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim could potentially end up in court.
However, it is unusual 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 fees. If the other party is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
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 in court for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 may in many cases rather settle for 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 Duties?
First they will take care of locating 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 breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be 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, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Sexual Abuse Lawyer Near Me in Yuma County
Here at DeLozier Law, we have many 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!