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Duties of a Emotional Abuse Lawyer Near Me:
Have you or a loved one become injured in an accident or through the willful neglect of others? Sometimes problems can be worked out through personal insurance or through a small claims court. Occasionally it can be probably best to walk it off and move forward.
But maybe you could use someone to take your side. Someone that will gun for your cause. A person who can really fight on your side. Then you really must have a Santa Cruz County personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the injury happened.
Being harmed by a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing things objectively is challenging. However, staying calm and logical can make the difference between receiving the proper price that you deserve or leaving the case with no money.
A successful Santa Cruz County personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to handle the ins and outs of our challenging legal system. Most people may not even comprehend the implications of the situation until talking with a professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and whether 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 Emotional Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually 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 a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party can retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents related to your case, and use all possible resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation fails, the attorney can file a lawsuit in response. But what cases can a personal injury attorney accept?
The PIL generally handles a large number of cases falling into two primary categories. 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 negligence or incompetence of someone.
The other primary study of a PIL is the purposely executed injustice case. An intentional tort happens when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is nearly endless.
In addition, separate from pretty much all other fields of the legal world, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in 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 Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim will end up going to trial.
But it is unusual 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 fees. If the party that is liable is completely aware that they are at fault for the incident that led to the claim, they may 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 on the down low. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 what either party wants. 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 court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses 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.
Choose the Successful Emotional Abuse Lawyer Near Me in Santa Cruz County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!