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Has a loved one or you become injured in an accident or by way of the willful neglect of someone? Many times incidents can be determined through personal insurance or through a small claims case. Occasionally it’s best to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But sometimes you really could use someone to take your side. Someone who will fight for you. Someone who can fight for your side. Sometimes you really should have a Yuma County personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and being objective is nearly impossible. But remaining calm and logical can be the difference between receiving the fair price or dropping the case with no money.
A successful Yuma County personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Most people may not even realize the facts of the situation until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move ahead with any potential claim or case.
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What is a Yuma County Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained 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 someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what cases could a personal injury attorney fight for?
The PIL generally tackles a wide variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 uncaring state or incompetence of someone.
The other primary study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential causes for a personal injury case is nearly endless.
In addition, separate from pretty much all other areas of the legal world, 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 has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case will end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully 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 out of the news and the public eye. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may simply not want to finish 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 demanding the maximum 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 PIL Tasks?
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 formed 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 incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Yuma County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!