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Has a loved one or you been hurt either in an accident or by way of the willful neglect of someone? Sometimes problems can be settled through insurance or through a small claims court. Occasionally it’s probably best to forget about it and get on with your life.
But sometimes you could use someone to get your back. Someone who will really fight for your cause. A professional who can fight on your side. Those are the times you really need a Guadalupe personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s a very trying time, and seeing things objectively is challenging. However, remaining calm and logical can make the difference between getting the fair compensation that you deserve or quitting the case with no settlement.
An experienced Guadalupe personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. Many people may not even fully realize the facts of what’s happening until conversing with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move forward with any possible case.
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What is a Guadalupe Bus Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are 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 a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and more.
After the attorney has been hired, 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 related to the case, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
The PIL generally handles a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary study 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 possible reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats 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 Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim can end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is fully aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation in the near term 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 simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Bus Personal Injury Lawyers Near Me in Guadalupe
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 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!