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Has a loved one or you become injured in an accident or through the neglect of others? Many times incidents can be resolved by personal insurance or through a small claims court. If it is extremely minor it can be probably a good idea to drop it and move on.
But sometimes you really could use someone to take your side. Someone who will fight for you. Someone who can really fight for your side. Those are the times you really should retain a Yuma personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing the situation objectively is hard. However, remaining calm and collected can be the difference between receiving the proper price or leaving the case with a situation you will never recover from.
An experienced Yuma personal injury professional can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our challenging legal system. Most people may not even realize the potential consequences of what might occur until discussing the matter with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any possible case.
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What is a Yuma PTSD Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover money or other assets from a person or legal entity for 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 initiate the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party might retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation doesn’t work, the attorney may file a lawsuit in response. But what cases does a personal injury lawyer accept?
A PIL generally tackles a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, 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 primary field of a PIL is the purposely executed tort case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of reasons for a personal injury case is pretty much 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 has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon 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 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 unacceptable that a claim may end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is fully 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible rather than down the road. Or they may just not want to complete the never-ending 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 for the best. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of gathering 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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turned out, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. 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 of the terms but not all of them or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful PTSD Injury Lawyer Near Me in Yuma
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!