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What a Hurt in a Wreck Lawyer does:
Have you or a loved one been hurt in an accident or by way of the negligence of someone? Sure, sometimes things can be dealt with by personal insurance or through a small claims case. Occasionally 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 .
But there are times you really could use someone to have your back. Someone that will fight for you. Someone who will really fight for your side. That’s when you really should have a Yavapai County personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is never fun. It’s a very trying time, and seeing the situation objectively is challenging. However, keeping calm and logical can be the difference between getting the fair price that you deserve or going home with your tail between your legs.
An experienced Yavapai County personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even fully realize the full breadth of what’s happening until sitting down with a professional. That person can help you realize all of this objectively, determine the claim and whether or not they can help with your case, and help you move forward with the process of any possible claim.
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What is a Yavapai County Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 someone else, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party will retain a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then they will first attempt to work out 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 can a personal injury lawyer accept?
A PIL usually tackles a large 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 neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the intentional injustice case. A purposeful tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, which is different than most other areas of the legal world, personal injury lawyers 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 beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can 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 case can end up in front of a judge.
However, it is rare 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 costs. If the party that is liable is 100% 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 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 high profile people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award in the near term rather than later. Or they may simply not want to finish the exhausting 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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation turned out, decides if they will push to 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 no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer in Yavapai 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!