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Has a loved one or you become hurt either in an accident or by way of the willful neglect of others? Many times things can be determined by personal insurance or through a small claims case. Every once in a while it can be probably best to walk it off and get on with your life.
But maybe you really could use someone to take your side. Someone who will gun for your case. A person who will really fight on your side. Sometimes you really should retain a Yuma personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and seeing things objectively is nearly impossible. However, staying cool and logically oriented can make the difference between receiving the best payment that you deserve or going home with no settlement.
An experienced Yuma personal injury lawyer can act as a buffer between you and the difficult situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even realize the facts of what could happen until sitting down with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and whether or not they can be of service, and help you move forward with any possible claim.
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What is a Yuma Sexual Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party will hire a personal injury professional when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response. But what cases can a personal injury attorney take on?
A PIL usually takes 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, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary study of a PIL is the intentional injustice case. An intentional tort happens when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential causes for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of law, personal injury lawyers usually work on a contingency fee basis. What this means is 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 solely 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 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 just flat-out refused that a case can end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant 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 give much larger damages.
Secondly, a settling the case will keep it 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 provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award sooner rather than later. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
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 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 suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely 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 all of them or partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Sexual Abuse Lawyer Near Me in Yuma
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!