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What a Injury From Doctor Lawyer Near Me does:
Has a loved one or you been hurt either in an accident or by way of the negligence of someone? Sure, sometimes problems can be solved by insurance or through a small claims case. Every once in a while it can be probably best to walk it off and move on because it may cause you more headache than it is worth spending your time on.
But at times you really need someone to have your back. Someone who will really fight for your case. A person who can really fight on your side. Those are the times you really should have a Guadalupe personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is not a good time. It’s an emotional time, and being objective is very hard. However, remaining cool and logical can be the difference between getting the fair price that you deserve or leaving the case feeling horrible.
An experienced Guadalupe personal injury professional can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of our legal system. Most people may not even understand the facts of what’s happening until sitting down with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and whether 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 Injury From Doctor Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation falls through, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
A PIL generally handles a large variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other primary field of a PIL is the intentional tort case. An intentional tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other fields of the legal world, PILs usually work on a contingency fee basis. This means 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 solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim can end up in court.
But it is rare 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 fees. If the defending 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 settling the case will keep it low profile. 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 bring unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation sooner 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 ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And lastly, 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 accusing party 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 claim completely or having a judge or jury award 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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides 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 put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Injury From Doctor Lawyer Near Me in Guadalupe
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!