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What a Negligence Car Accident Attorney Near Me does:
Has a loved one or you been hurt in an accident or through the neglect of others? Sometimes incidents can be dealt with by insurance or through a small claims court. If it is extremely minor it’s a good idea to forget about it and move forward.
But at times you need someone to take your side. Someone who will really gun for your cause. A professional who will really fight on your side. Then you really need a Yuma personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is nearly impossible. But keeping cool and logically oriented can be the difference between getting the best price that you deserve or leaving the case with nothing.
A Yuma personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even realize the facts of what might occur until discussing the matter with a professional. An attorney can help you realize all of this objectively, determine the claim and whether they can help with your case, and help you move forward with any possible claim.
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What is a Yuma Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial instruments 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 lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party may retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to your claim, and use all available resources to verify all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation falls through, the legal professional can file a lawsuit in response. But what cases can a personal injury lawyer take?
The PIL generally takes a wide number of cases falling into two primary categories. 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 at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary study of a PIL is the intentional tort case. A purposeful tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other areas of law, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving 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 can end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is totally 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation sooner rather than later. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary 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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turned out, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in Yuma
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!