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What a Car Accident Lawyer does:
Have you or a loved one been hurt in an accident or through the neglect of others? At times things can be determined through personal insurance or through a small claims case. Every once in a while it’s probably best to walk it off and get on with your life because it may cause you more headache than it is worth .
But sometimes you need someone to get your back. Someone who will really gun for your case. A person who will really fight for your side. Those are the times you really should have a Santa Cruz County personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can get back to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and seeing the situation objectively is difficult. However, remaining calm and logical can be the difference between getting the proper compensation that you deserve or quitting the case empty handed.
A successful Santa Cruz County personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even comprehend the full breadth of what’s happening until discussing the matter with a professional. A lawyer can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with any possible case.
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What is a Santa Cruz County Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other valuables 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 bring the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person can retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and more.
After the lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents related to the claim, and use all possible resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation fails, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take?
The PIL generally tackles a wide variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of the legal universe, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. 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. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award as soon as possible rather than later. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 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 claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation works out, decides whether or not to 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. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Santa Cruz County
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 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!