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Has a loved one or you become hurt either in an accident or by way of the willful negligence of others? Sometimes issues can be settled through insurance or through a small claims court. 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 fighting for.
But perhaps you really could use someone to have your back. Someone that will fight for you. Someone who will really fight on your side. That’s when you really should have a Yuma personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life prior to when the injury happened.
Being hurt by a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is nearly impossible. But staying cool and logical can be the difference between getting the best price that you deserve or leaving the case worse off than before.
A successful Yuma personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what could happen until sitting down with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move ahead with any potential claim.
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What is a Yuma Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party could retain a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and more.
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 can be contacted, research any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer take?
A PIL usually tackles a large variety of cases that fall into two main fields. 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 someone else.
The second primary study of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is pretty much endless.
In addition, and completely different from most other areas of law, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. 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 so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up going to court.
However, it is rare 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 unnecessary legal fees. If the liable party is 100% 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 would rather settle for less in a guaranteed win. This, versus demanding the highest 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 PIL Tasks?
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 attorney has formed 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 lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Motorcycle Injury Lawyer Near Me in Yuma
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!