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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one become injured either in an accident or by way of the willful neglect of someone? Many times incidents can be solved through insurance or through a small claims case. Occasionally it’s a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But maybe you really need someone to take your side. Someone that will really gun for you. Someone who can fight for your side. Sometimes you really should retain a Guadalupe personal injury lawyer that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is never fun. It’s an emotional time, and seeing things objectively is difficult. But remaining cool and collected can be the difference between receiving the proper price or dropping the case feeling like you should have gotten a more appropriate solution.
A Guadalupe personal injury attorney can act as a counselor between you and the challenging situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even fully realize the full breadth of what could happen until discussing the matter with a professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with any possible claim or case.
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What is a Guadalupe Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally 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 another person, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person might retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response. But what cases does a personal injury attorney fight for?
The PIL usually handles a large variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be caused by 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 person.
The second main study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible causes for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other fields of the legal world, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last 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 unacceptable that a case can end up in court.
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 fees. If the other party is totally 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 settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may simply not want to finish the ridiculously long 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 accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award 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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Guadalupe
Here at DeLozier Law, we have many 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!