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What a Plane Personal Injury Lawyer Near Me does:
But sometimes you really could use someone to get your back. Someone that will fight for you. Someone who can fight for your side. Then you really must have a San Luis personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the injury happened.
Being hurt by a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, staying calm and logical can be the difference between getting the fair price that you deserve or dropping the case feeling incompetent.
An experienced San Luis personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even get the implications of what might occur until sitting down with a legal professional. An attorney can help you see all of this objectively, determine the claim and if they can be of service, and help you move forward with the process of any potential case.
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What is a San Luis Plane Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party might retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents related to the case, and use all their potential resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation fails, the lawyer may file a lawsuit in response. But what cases can a personal injury lawyer take on?
The PIL usually tackles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of 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.
The second primary field of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of the legal universe, PILs generally work on a contingency fee basis. This means 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 financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 totally unacceptable that a case may end up going to court.
But 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may just not want to complete the ridiculously long 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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement 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 Plane Personal Injury Lawyer Near Me in San Luis
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!