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Have you or a loved one become hurt either in an accident or through the willful negligence of others? There are times issues can be dealt with through insurance or through a small claims case. If it is very minor it’s probably a good idea to walk it off and get on with your life.
But sometimes you really could use someone to have your back. Someone who will really fight for you. Someone who will really fight on your side. Those are the times you really need a Guadalupe personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the injury happened.
Being harmed by a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and being objective is challenging. But remaining cool and logical can make the difference between getting the proper price that you deserve or quitting the case empty handed.
A great Guadalupe personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even fully realize the potential consequences of what could happen until talking with a professional. An attorney 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 the process of any potential case.
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What is a Guadalupe Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, which 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured party might retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation fails, the lawyer could fie a lawsuit in response. But what cases does a personal injury attorney accept?
A PIL usually tackles a large variety of cases that can be separated into two primary 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 uncaring state or incompetence of another person.
The other main study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is essentially endless.
In addition, unlike most other fields of the legal universe, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 totally unacceptable that a case may 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is totally 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 lend 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 large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than having to wait. Or they may simply not want to finish 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Emotional Abuse Lawyer 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 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!