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Things a Personal Injury Lawyer Near Me does:
Has a loved one or you been injured either in an accident or through the willful neglect of others? Sometimes incidents can be settled by insurance or through a small claims court. If it is extremely minor it’s a good idea to forget about it and move on.
But there are times you really need someone to have your back. Someone that will really gun for your cause. Someone who can fight for your side. That’s when you really should have a Guadalupe personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the incident happened.
Being hurt by a crime, accident, or willful negligence is not ever fun. It’s an emotional roller coaster, and seeing the situation objectively is very hard. But staying calm and logically oriented can make the difference between receiving the fair price or leaving the case with your tail between your legs.
A successful 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 legal system. Many people may not even comprehend the breadth of the situation until talking with a professional. That person can help you realize all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move ahead with any possible claim.
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What is a Guadalupe Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments 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 lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person can retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer fight for?
A PIL generally handles a large number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is basically endless.
In addition, which is different than nearly all other areas of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may very well end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable 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 settlement can help keep the case low profile. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award as soon as possible rather than later. Or they may just not want to complete the exhausting 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. The plaintiff 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 claim completely 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 getting 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 defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only is in partial agreement, 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 go to court.
Choose the Successful Personal Injury Lawyer Near Me in Guadalupe
Here at DeLozier Law, we have many 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!