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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Have you or a loved one been hurt in an accident or by way of the neglect of someone? There are times problems can be resolved through insurance or through a small claims case. Every once in a while it can be a good idea to walk it off and get on with your life.
But perhaps you need someone to get your back. Someone who will really gun for you. Someone who will fight for your side. Those are the times you really should have a Yuma County personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is never a good time. It’s an emotional time, and being objective is nearly impossible. However, keeping cool and logically oriented can make the difference between receiving the best payment or quitting the case with a situation that you will not like at all.
A successful Yuma County personal injury lawyer can act as a counselor 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 facts of the situation until conversing with a professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move forward with the process of any possible case.
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What is a Yuma County Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, 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 someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person might retain a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If negotiation fails, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer accept?
A PIL generally takes a wide variety of cases that fall 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 person.
The second primary field of a PIL is the purposefully perpetrated tort case. An intentional tort happens 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. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other fields of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a case may end up in court.
But 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully aware that they are at fault for the incident that led to the claim, they would 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 on the DL. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. 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 payment in the near term rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 for either. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Yuma County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!