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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you been hurt either in an accident or by way of the willful negligence of others? Sure, sometimes incidents can be solved through insurance or through a small claims case. Every once in a while it can be best to drop it and get on with your life.
But maybe you really could use someone to get your back. Someone that will really fight for your cause. Someone who can fight on your side. Sometimes you really should retain a Yuma County personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is not fun. It’s an emotional time, and being objective is hard. But staying cool and logically oriented can be the difference between receiving the best payment or quitting the case a permanently awful situation.
A great Yuma County personal injury legal representative can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of the legal system. Many people may not even comprehend the facts of the situation until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move forward with any potential claim or case.
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What is a Yuma County Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other assets 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 start the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer fight for?
A PIL usually tackles a wide number of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by 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.
The second main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible reasons for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of law, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a 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 totally unacceptable that a personal injury claim may very well end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is totally 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 settling the case will keep it low profile. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation sooner rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, 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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking 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 getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Yuma County
Here at DeLozier Law, we have over 4 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!