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What a Emotional Abuse Lawyer Near Me does:
Have you or a loved one been hurt in an accident or by way of the willful negligence of others? There are times issues can be resolved through insurance or through a small claims court. If it is very minor it can be probably best to drop it and get on with your life.
But maybe you really could use someone to take your side. Someone that will fight for you. A professional who will fight on your side. Those are the times you really should retain a San Luis personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the injury happened.
Being hurt by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and seeing the situation objectively is very hard. But remaining calm and collected can make the difference between receiving the proper price that you deserve or dropping the case with a situation that you will not like.
An experienced San Luis personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of what’s happening until conversing with a professional. That person can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move forward with any potential claim.
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What is a San Luis Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover money or other valuables 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 lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party could retain a personal injury attorney when said case involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation fails, the legal professional may consider filing a lawsuit in response. But what cases could a personal injury lawyer take on?
The PIL usually handles a wide variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 negligence or incompetence of someone.
The other primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of the legal universe, personal injury professionals generally work on a contingency fee basis. What this means is 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 Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. 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 totally unacceptable that a personal injury claim may end up going to trial.
However, 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 defending party is completely 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation in the near term 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 never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 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 incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, 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 put forth by the plaintiff.
Choose the Successful Emotional Abuse Lawyer Near Me in San Luis
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!