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Duties of a Red light Car Accident Attorney near Me:
Have you or a loved one been hurt either in an accident or through the willful neglect of others? Sometimes issues can be dealt with through personal insurance or through a small claims court. 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 spending your valuable time on.
But there are times you really need someone to have your back. Someone that will really fight for your cause. Someone who will really fight for your side. Then you really should retain a Santa Cruz County personal injury professional that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident happened.
Being hurt by a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and being objective is nearly impossible. However, remaining cool and collected can be the difference between getting the appropriate compensation that you deserve or going home with a situation that you will not like at all.
A great Santa Cruz County 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 our legal system. If you are like most people, you may not even realize the implications of what’s happening until speaking with a legal professional. That person 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 potential case.
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What is a Santa Cruz County Red light Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil 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 lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation fails, the attorney may consider filing a lawsuit in response. But what cases can a personal injury lawyer take?
The PIL generally takes a large number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 another person.
The second main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is basically endless.
In addition, which is different than pretty much all other fields of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only 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 counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially end up going to court.
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 fees. If the defendant is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for 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 compensation sooner rather than later. Or they may just not want to complete the ridiculously long 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 for the best. The accusing party would rather settle for 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has built 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 incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turns 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 no reason to file a court case. If the other party agrees to some terms but not others or only partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Red light Car Accident Attorney near Me 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!