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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you become injured either in an accident or by way of the willful negligence of others? There are times incidents can be worked out by insurance or through a small claims court. Occasionally it’s probably best to forget about it and get on with your life.
But perhaps you really could use someone to take your side. Someone who will really fight for your cause. Someone who can fight for your side. Then you really need a Guadalupe personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not fun. It’s a very trying time, and seeing the situation objectively is challenging. But staying cool and logically oriented can make the difference between getting the best payment or going home feeling like you should have gotten a more appropriate solution.
An experienced Guadalupe personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the full breadth of what’s happening until talking with a legal professional. That person can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any potential claim.
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What is a Guadalupe Wrongful Death Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables 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 start the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party can hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation fails, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney fight for?
The PIL generally handles a wide number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 negligence or incompetence of someone else.
The second main field of a PIL is the intentional tort case. A purposeful tort happens 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 potential causes for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of the legal universe, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is totally aware that they are at fault for the incident that led to the claim, they probably do 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 high profile people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation in the near term rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 of benefit to either party. The plaintiff would rather settle for 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 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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Wrongful Death Lawyer Near Me in Guadalupe
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!