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What a Hurt in a Wreck Lawyer does:
Has a loved one or you been hurt in an accident or through the neglect of someone? At times issues can be solved through personal insurance or through a small claims case. Occasionally it can be probably best to forget about it and move forward.
But sometimes you really need someone to get your back. Someone who will really gun for your cause. Someone who will really fight on your side. Those are the times you really need a Guadalupe personal injury professional 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 incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and seeing the situation objectively is challenging. However, staying cool and logical can be the difference between getting the fair price or going home with a situation you will never recover from.
A Guadalupe personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even get the full breadth of what could happen until speaking with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any potential case.
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What is a Guadalupe Hurt in a Wreck Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 someone else, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party can hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents related to the case, and use all their available resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation fails, the attorney can file a lawsuit in response. But what cases would a personal injury attorney accept?
A PIL usually handles a wide number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 someone else.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is nearly endless.
In addition, unlike most other areas of the legal universe, personal injury lawyers nearly always 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 financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile 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 negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, settlement allows the injured party 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 risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL 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 defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Hurt in a Wreck Lawyer 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!