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Have you or a loved one been injured in an accident or through the negligence of others? Sure, sometimes problems can be worked out by personal insurance or through a small claims court. Occasionally it can be probably a good idea to forget about it and move forward because it may cause you more headache than it is worth .
But perhaps you really need someone to take your side. Someone that will really fight for you. A person who can fight for your side. That’s when you really should have a Yavapai County personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and seeing things objectively is nearly impossible. But remaining calm and logically oriented can be the difference between receiving the proper payment or leaving the case a permanently awful situation.
A successful Yavapai County personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our legal system. Many people may not even understand the implications of what could happen until discussing the matter with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and whether they can help with your case, and help you move forward with any possible case.
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What is a Yavapai County Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 attorney is usually hired to bring the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer fight for?
A PIL generally tackles a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary study of a PIL is the intentional injustice case. An intentional tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is essentially endless.
In addition, and in contrast to most other areas of law, PILs usually work on a contingency fee basis. What this means is 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 just 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 can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case can end up going to trial.
But it is rare 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 unneeded legal costs. If the defending party 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. 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 non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than having to wait. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case 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 attorney has formed 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 requested.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation worked 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 put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or only partially agrees to terms, 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 Legal Malpractice Attorney in Yavapai 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!