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Duties of a Plane Personal Injury Lawyer Near Me:
Have you or a loved one become hurt in an accident or by way of the negligence of someone? Sure, sometimes incidents can be determined by insurance or through a small claims case. Occasionally it’s probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But there are times you could use someone to get your back. Someone that will really gun for you. A professional who will fight for your side. Then you really need a Yuma County personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is very hard. However, staying cool and logically oriented can make the difference between receiving the appropriate payment or dropping the case feeling incompetent.
An experienced Yuma County personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even understand the breadth of what might occur until sitting down with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Yuma County Plane Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually retained to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party could retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL generally tackles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be 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 else.
The second main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other areas of law, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just 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 could send back a 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 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 a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely 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 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 or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Duties?
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 legal professional 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 required.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement to terms, 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 go to court.
Choose the Successful Plane 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!