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Has a loved one or you been injured either in an accident or through the negligence of someone? Sometimes incidents can be solved by insurance or through a small claims case. Occasionally it’s a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But sometimes you need someone to get your back. Someone who will fight for your case. A person who can fight for your side. Those are the times you really should have a Yuma personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is never fun. It’s an emotional time, and seeing the situation objectively is very hard. But staying calm and logically oriented can make the difference between receiving the best price or going home empty handed.
An experienced Yuma personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the full breadth of what’s happening until discussing the matter with a legal professional. An attorney can help you see all of this objectively, determine if a potential claim exists and whether they can help with your case, and help you move ahead with any potential claim or case.
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What is a Yuma Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party can hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and more.
After the attorney has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to your case, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer accept?
The PIL usually handles a wide number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the purposely executed wrongful case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is essentially endless.
In addition, which is different than pretty much all other fields of law, 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 beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 personal injury claim will end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is fully aware that they are at fault for the incident that led to the claim, they might 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 high profile people or large high profile companies. A lengthy trial brings public attention. 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 speed things up. Extended trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation sooner rather than later. Or they may just not want to go through the exhausting 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 holding out for 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 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 requested.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Yuma
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!