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Duties of a Plane Personal Injury Lawyer Near Me:
Have you or a loved one been injured in an accident or by way of the negligence of others? At times incidents can be resolved by personal insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and get on with your life.
But perhaps you could use someone to take your side. Someone who will fight for your cause. A person who can really fight for your side. Then you really should have a Yuma personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is very hard. But staying cool and logical can make the difference between getting the proper payment that you deserve or leaving the case with no recourse.
A great Yuma personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even understand the full breadth of what’s happening until speaking with a professional. That person can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with any potential claim.
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What is a Yuma Plane Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers, also known as litigation 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 a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party might hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents related to the claim, and use all their possible 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 fails, the attorney will consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
A PIL generally takes a wide variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The second main field of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of the legal universe, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 just flat-out refused that a claim could potentially end up in court.
But it is rare 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 unnecessary legal fees. If the defending party is completely aware that they are at fault for the incident that led to the claim, they probably do 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 well-known people or large high profile companies. A big trial brings public attention. 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 hasten the process. Extended court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment in the near term rather than later. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 Personal Injury Lawyer’s 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation turned out, decides if they will push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Yuma
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!