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Have you or a loved one become injured either in an accident or through the willful negligence of others? At times problems can be worked out through personal insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and move forward because it may cause you more headache than it is worth .
But maybe you could use someone to take your side. Someone who will really fight for you. A person who will really 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 financial and personal, so you can roll back as close as possible to your life prior to when the incident happened.
Being hurt by a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is hard. But staying calm and logical can make the difference between receiving the fair price or leaving the case broke.
An experienced Santa Cruz County personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even understand the implications of what might occur until sitting down with a legal professional. A legal adviser can help you see all of this objectively, determine if a claim exists and if they can be of service, and help you move forward with any possible case.
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What is a Santa Cruz County Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 attorney is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to your case, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation doesn’t work, the legal professional may file a lawsuit in response. But what cases would a personal injury attorney fight for?
The PIL usually takes a wide variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second primary study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is essentially endless.
In addition, and in contrast to most other fields of the legal world, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is 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 Are the Implications in an Injury Case?
Of course, sometimes even these 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 claim could potentially 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is completely aware that they are at fault for the incident that led to the claim, they would 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 big trial brings big publicity. And even a small trial can provoke 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 speed things up. Protracted court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Nursing Home Abuse Lawyer Near Me 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 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!