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What a Injury From Doctor Lawyer Near Me does:
Has a loved one or you become hurt either in an accident or through the negligence of others? Sure, sometimes things can be determined by insurance or through a small claims case. If it is very minor it can be best to walk it off and get on with your life because it may cause you more headache than it is worth .
But perhaps you could use someone to have your back. Someone who will really fight for your case. A person who can fight for your side. Those are the times you really should have a Santa Cruz County personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is not ever a good time. It’s an emotional time, and seeing the situation objectively is nearly impossible. However, remaining calm and logical can be the difference between getting the appropriate payment or quitting the case feeling like you should have gotten a better deal.
An experienced Santa Cruz County personal injury legal representative can act as a counselor between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even fully realize the facts of what might occur until conversing with a professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and whether they can be of service, and help you move forward with any possible claim or case.
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What is a Santa Cruz County Injury From Doctor Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash 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 someone else, a civil lawyer is usually hired to begin the lawsuit and another 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 the dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer fight for?
A PIL generally handles a wide number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 someone.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be 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 Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may end up in front of a judge.
However, 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 costs. If the other 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 out of the news and the public eye. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than later. 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 the case.
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 plaintiff would rather settle for 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 Personal Injury Lawyer’s Duties?
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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or 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 Injury From Doctor Lawyer Near Me in Santa Cruz County
Here at DeLozier Law, we have over 4 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!