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Things a Car Accident Lawyer does:
Have you or a loved one become injured either in an accident or by way of the willful negligence of others? Sometimes issues can be worked out through insurance or through a small claims court. Every once in a while it’s best to forget about it and move forward.
But there are times you really need someone to get your back. Someone who will really fight for your cause. A person who will really fight for your side. Those are the times you really should have a San Luis personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s a very trying time, and seeing things objectively is nearly impossible. But staying cool and logical can be the difference between receiving the fair compensation that you deserve or dropping the case broke.
A great San Luis personal injury professional can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even understand the facts of what’s happening until talking with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and whether or not they can be of service, and help you move forward with any potential case.
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What is a San Luis Car Accident Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 another person, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the PIL has been retained, they will gather everything in 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 your claim, and use all possible resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL usually handles a wide number of cases that fall into two main 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 is usually 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 someone else.
The second main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when someone 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 nearly endless.
In addition, unlike pretty much all other fields of law, personal injury professionals almost always 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 won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim could potentially 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may just not want to finish the ridiculously long 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 for the best. 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 award a much lesser amount.
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail 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, chooses whether or not to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Car Accident Lawyer in San Luis
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 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!