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Duties of a Hurt in a Wreck Lawyer:
Have you or a loved one been injured in an accident or by way of the willful negligence of others? There are times things can be worked out through personal insurance or through a small claims court. Every once in a while it’s best to forget about it and get on with your life.
But there are times you could use someone to take your side. Someone who will gun for your cause. A person who can really fight for your side. Those are the times you really should retain a Santa Cruz County personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing things objectively is hard. However, keeping calm and logical can be the difference between getting the proper compensation that you deserve or quitting the case worse off than before.
A Santa Cruz County personal injury professional can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the facts of what could happen until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Santa Cruz County Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems arising from the injury, and more.
After the lawyer has been hired, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation fails, the legal professional may file a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
The PIL usually handles a wide variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 negligence or incompetence of another.
The other primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone purposefully hurts 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 basically endless.
In addition, which is different than most other areas of the legal world, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could 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 just flat-out refused that a claim will end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is fully 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. 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. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award as soon as possible rather than later. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
And finally, 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 court case 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 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 incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Hurt in a Wreck Lawyer in Santa Cruz County
Here at DeLozier Law, we have many 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!