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Has a loved one or you been injured in an accident or through the negligence of others? Sometimes problems can be determined by insurance or through a small claims case. If it is extremely minor it can be probably a good idea to drop it and move forward because it may cause you more headache than it is worth fighting for.
But there are times you really could use someone to have your back. Someone who will fight for your cause. A person who will really fight for your side. Then you really should have a Guadalupe personal injury attorney that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and seeing the situation objectively is challenging. However, keeping calm and collected can be the difference between getting the proper price that you deserve or quitting the case with nothing.
A successful Guadalupe personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even fully realize the breadth of the situation until discussing the matter with a professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move ahead with any potential claim or case.
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What is a Guadalupe Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained 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 lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party could retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation fails, the attorney may consider filing 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 tackles a large variety of cases that can be separated into two main 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 another person.
The second primary field of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other areas of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a 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 unacceptable that a claim may very well end up going to trial.
However, it is rare 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 costs. If the liable party is fully 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke 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 speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required 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 what either party wants. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turns out, chooses 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.
Choose the Successful Elder Abuse Lawyer Near Me in Guadalupe
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!