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Have you or a loved one become hurt either in an accident or through the negligence of someone? Many times issues can be worked out by insurance or through a small claims court. Occasionally it’s a good idea to forget about it and move forward.
But maybe you really could use someone to have your back. Someone that will really fight for your case. Someone who will fight for your side. That’s when you really should have a Guadalupe personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is never fun. It’s a very trying time, and seeing the situation objectively is nearly impossible. But staying cool and logically oriented can make the difference between getting the fair payment that you deserve or dropping the case with your tail between your legs.
An experienced Guadalupe personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the potential consequences of what might occur until talking with a professional. A lawyer can help you see all of this objectively, determine the claim and if they can be of service, and help you move forward with any potential case.
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What is a Guadalupe Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other assets 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 begin the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party will hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases can a personal injury lawyer accept?
A PIL generally tackles a wide variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other primary field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person purposefully hurts 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 basically endless.
In addition, and completely different from nearly all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has overcome 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 the final steps of the process aren’t so simple. The injured party could 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 unacceptable that a claim can end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation in the near term rather than down the road. Or they may simply not want to complete 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 the best situation for either. The accusing party would 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 court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Guadalupe
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!