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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one been injured in an accident or through the willful neglect of others? There are times issues can be worked out through personal insurance or through a small claims case. If it is not worth fighting for it’s probably best to walk it off and move forward because it may cause you more headache than it is worth .
But perhaps you really need someone to take your side. Someone that will really gun for your case. A person who can really fight on your side. Those are the times you really should have a Yuma personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being injured by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is nearly impossible. However, remaining calm and logical can make the difference between receiving the fair compensation or dropping the case feeling like you should have gotten a better deal.
An experienced Yuma personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. Many people may not even realize the breadth of what’s happening until talking with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Yuma Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually retained to recover money or other valuables 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 lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation falls through, the lawyer will consider filing a lawsuit in response. But what cases could a personal injury attorney take on?
A PIL usually takes a wide variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is essentially endless.
In addition, unlike most other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim can end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is totally 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 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 big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation as soon as possible rather than down the road. 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 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 less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely 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 breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, 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 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 is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Wrongful Death Lawyer Near Me in Yuma
Here at DeLozier Law, we have many 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!