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Things a Red light Car Accident Attorney near Me does:
Has a loved one or you been hurt either in an accident or by way of the neglect of others? Sure, sometimes things can be solved by insurance or through a small claims court. If it is very minor it’s a good idea to drop it and move on because it may cause you more headache than it is worth spending your valuable time on.
But perhaps you need someone to have your back. Someone that will really fight for you. A professional who can really fight for your side. Sometimes you really should have a San Luis personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is not a good time. It’s an emotional time, and seeing things objectively is nearly impossible. However, keeping cool and logically oriented can be the difference between getting the proper compensation that you deserve or leaving the case feeling like you should have gotten a better deal.
A great San Luis personal injury professional can act as a counselor between you and the near-impossible situation, making it much easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the implications of what’s happening until talking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a San Luis Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person will retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents related to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation falls through, the lawyer can file a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
A PIL usually handles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 uncaring state or incompetence of someone else.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is essentially endless.
In addition, unlike most other areas of the legal world, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may very well end up in front of a judge.
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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is totally aware that they are at fault for the incident that led to the claim, they would 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 high profile people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial award sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. 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 further negotiations, agree to the new terms, or go to court.
Choose the Successful Red light Car Accident Attorney near Me in San Luis
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!