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Duties of a Sexual Abuse Lawyer Near Me:
Have you or a loved one become injured in an accident or through the willful neglect of others? There are times incidents can be determined through insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and move forward.
But perhaps you really need someone to take your side. Someone that will really fight for your case. A person who will fight for your side. Those are the times you really should retain a Santa Cruz County personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the incident happened.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and being objective is nearly impossible. However, keeping cool and logical can be the difference between getting the proper payment or quitting the case with no money.
A great Santa Cruz County personal injury attorney can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what could happen until sitting down with a professional. A lawyer can help you realize all of this objectively, determine the claim and how they can help with your case, and help you move forward with the process of any possible claim.
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What is a Santa Cruz County Sexual Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial means from a person or legal entity for 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 start the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party might hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response. But what cases does a personal injury attorney accept?
A PIL usually tackles a large variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other main field of a PIL is the intentional injustice case. A purposeful tort happens when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, unlike most other fields of the legal universe, 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 beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly 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 so simple. The injured party could 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 totally unacceptable that a claim can end up in front of a judge.
But it is rare 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 unnecessary 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 on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment as soon as possible 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 never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, 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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Sexual Abuse Lawyer Near Me in Santa Cruz County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!