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Duties of a Car Accident Lawyer:
Has a loved one or you become injured in an accident or through the negligence of others? Sometimes incidents can be determined by insurance or through a small claims case. If it is very minor it’s probably best to drop it and get on with your life because it may cause you more headache than it is worth .
But there are times you need someone to get your back. Someone that will really fight for your case. A person who will fight on your side. Those are the times you really must have a Guadalupe personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the incident happened.
Being hurt by a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing things objectively is difficult. However, staying calm and logically oriented can be the difference between getting the best payment that you deserve or dropping the case with no money.
An experienced Guadalupe personal injury lawyer can act as a buffer between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even comprehend the facts of what might occur until discussing the matter with a legal professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Guadalupe Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person can retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation doesn’t work, the attorney may file a lawsuit in response. But what kinds of cases could a personal injury lawyer take on?
The PIL usually tackles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposefully injures 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 basically endless.
In addition, and in contrast to pretty much all other areas of the legal world, 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 is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim could potentially end up going to trial.
However, 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 other party is 100% 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 settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A big 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 confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than later. 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 beat the claim.
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 what either party wants. The plaintiff would rather settle for a little 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 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 legal professional has built 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 lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the case to trial. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Car Accident Lawyer in Guadalupe
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!