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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you become hurt either in an accident or through the negligence of others? At times issues can be settled by insurance or through a small claims case. If it is very minor it’s a good idea to walk it off and move on.
But sometimes you really could use someone to take your side. Someone who will fight for your case. A person who can really fight for your side. Those are the times you really need a Guadalupe personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is difficult. However, remaining calm and logically oriented can be the difference between receiving the fair payment that you deserve or quitting the case feeling like you didn’t get what you wanted.
A successful Guadalupe personal injury professional can act as a counselor between you and the challenging situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even fully realize the breadth of what might occur until talking with a professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Guadalupe Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party might retain a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take?
The PIL usually handles a large 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. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible reasons for a personal injury case is essentially endless.
In addition, and completely different from nearly all other fields of the legal universe, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can 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 unacceptable that a case will end up in court.
But it is rare 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 other party is totally 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 settlement can help keep the case on the DL. 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 is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation in the near term rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest 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 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 defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Body Injury Lawyer Near Me in Guadalupe
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!