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Has a loved one or you become hurt in an accident or by way of the neglect of others? There are times things can be determined by personal insurance or through a small claims court. Occasionally it can be a good idea to walk it off and get on with your life.
But there are times you need someone to have your back. Someone who will really gun for your case. A professional who will fight for your side. Those are the times you really need a Yavapai County personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is difficult. However, keeping cool and logical can be the difference between receiving the proper payment or dropping the case broke.
A successful Yavapai County personal injury attorney can act as a counselor between you and the challenging situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the breadth of what could happen until speaking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with the process of any possible case.
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What is a Yavapai County Red light Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired 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 lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response. But what cases would a personal injury attorney fight for?
The PIL usually tackles a wide number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 else.
The second primary field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is essentially endless.
In addition, unlike nearly all other fields of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment sooner 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 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 lastly, 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 plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, 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, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Red light Car Accident Attorney near Me 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 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!