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Things a Car Accidents Caused by Negligence Lawyer does:
Has a loved one or you become injured either in an accident or through the negligence of others? There are times incidents can be determined by insurance or through a small claims court. Every once in a while it can be probably best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But maybe you really need someone to take your side. Someone who will gun for your cause. A person who can fight for your side. That’s when you really must have a Santa Cruz County personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But staying calm and logically oriented can make the difference between receiving the fair compensation that you deserve or going home with your tail between your legs.
A great Santa Cruz County personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even fully realize the breadth of what might occur until conversing with a professional. An attorney can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move ahead with any potential claim or case.
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What is a Santa Cruz County Car Accidents Caused by Negligence Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury professional when said case involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the attorney has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be found, get 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 negotiation falls through, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney accept?
The PIL usually takes a wide variety of cases that can be divided 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. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second main field of a PIL is the purposely executed injustice case. An intentional tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of law, PILs generally 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 solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a 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 just flat-out refused that a personal injury claim may very well end up in court.
But it is unusual 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 unneeded legal fees. If the liable party is 100% 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A large 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 privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment 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 just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 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 demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Santa Cruz County
Here at DeLozier Law, we have many 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!