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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become hurt either in an accident or by way of the willful neglect of others? There are times things can be worked out through insurance or through a small claims court. Every once in a while it can be a good idea to walk it off and move forward because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you really could use someone to get your back. Someone who will really gun for your case. A person who will really fight for your side. Then you really should retain a Yuma personal injury professional that will fight for your rights, both in regards to finances and personal, 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 things objectively is challenging. However, keeping cool and logical can be the difference between getting the proper compensation or leaving the case feeling like you should have gotten a better deal.
An experienced Yuma personal injury attorney can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of the legal system. Many people may not even realize the potential consequences of the situation until speaking with a professional. An attorney can help you see all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any potential claim.
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What is a Yuma Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation 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 someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
The PIL usually handles a large variety of cases that can be divided into two primary groups. 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 carelessness or incompetence of someone else.
The other main field of a PIL is the intentional injustice case. An intentional tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may end up going to trial.
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 unneeded legal costs. If the liable party is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award as soon as possible 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 injured party 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 a little less in a guaranteed win. This, versus demanding the maximum 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 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 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 incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation worked out, decides if they will bring the case to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Personal 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 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!