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Duties of a Hurt in a Wreck Lawyer:
Have you or a loved one become hurt in an accident or through the willful neglect of someone? Many times problems can be dealt with by insurance or through a small claims case. If it is not worth fighting for it’s probably best to drop it and move on because it may cause you more headache than it is worth fighting for.
But at times you could use someone to have your back. Someone who will gun for your cause. A person who can fight on your side. Those are the times you really should have a Yuma County personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and seeing the situation objectively is nearly impossible. However, keeping calm and logical can make the difference between receiving the best price that you deserve or quitting the case worse off than before.
An experienced Yuma County personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even realize the full breadth of the situation until discussing the matter with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Yuma County Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person might hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and more.
After the legal professional has been hired, they will gather everything from 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 potential resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation fails, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take on?
A PIL generally tackles a large variety of cases falling into two primary categories. 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 uncaring state or incompetence of another.
The second main study of a PIL is the purposely executed injustice case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these 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 wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim will end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment in the near term rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest 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 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Hurt in a Wreck Lawyer in Yuma County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!