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What a Non-Accident Personal Injury Lawyer Near Me does:
Have you or a loved one been injured either in an accident or by way of the willful negligence of someone? Many times issues can be worked out through insurance or through a small claims case. If it is extremely minor it’s a good idea to walk it off and move on.
But maybe you could use someone to take your side. Someone that will fight for your cause. Someone who can really fight on your side. Then you really should retain a Guadalupe personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the incident happened.
Being the victim of a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing things objectively is nearly impossible. However, keeping calm and collected can be the difference between receiving the proper payment that you deserve or leaving the case worse off than before.
An experienced Guadalupe personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even get the potential consequences of what might occur until sitting down with a legal professional. An attorney can help you see all of this objectively, determine the claim and how they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Guadalupe Non-Accident Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 bring 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 can hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional can file a lawsuit in response. But what kinds of cases does a personal injury attorney fight for?
A PIL generally handles a large number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 uncaring state or incompetence of a person.
The second primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is nearly endless.
In addition, and completely different from most other fields of the legal world, 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 overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting 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 case may end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally aware that they are at fault for the incident that led to the claim, they might 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 low profile. 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 all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation as soon as possible 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 just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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. 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 risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me 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!