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Has a loved one or you been injured either in an accident or by way of the neglect of others? Sometimes incidents can be dealt with by insurance or through a small claims case. Occasionally it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth .
But there are times you need someone to take your side. Someone who will really fight for your case. Someone 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 in regards to money and personally, so you can get back to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. But remaining calm and collected can make the difference between getting the fair compensation or quitting the case feeling like you should have gotten a better deal.
An experienced Santa Cruz County personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. Most people may not even fully realize the facts of what might occur until conversing with a professional. An attorney can help you see all of this objectively, determine if a claim exists and how they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Santa Cruz County Bus Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally 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 lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for 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 case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation falls through, the attorney may file a lawsuit in response. But what cases can a personal injury lawyer fight for?
A PIL usually handles a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 a person.
The second primary study of a PIL is the purposely executed injustice case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is basically endless.
In addition, which is different than nearly all other areas of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten 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 Could the Result Be in a Personal 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 do not get agreed upon or an offer is just flat-out refused 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 several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is completely 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 on the down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended 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 even longer. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And lastly, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always the best situation for either. The accusing party may in many cases 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.
What are the PIL 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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Bus Personal Injury 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 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!