Top Rated Common Carrier Accident Injury Lawyer Near Me in San Luis For 2024
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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Have you or a loved one been hurt in an accident or through the willful negligence of someone? Sometimes issues can be determined through personal insurance or through a small claims case. Occasionally it’s a good idea to forget about it and move on because it may cause you more headache than it is worth spending your time on.
But there are times you need someone to take your side. Someone who will fight for your cause. A person who can fight on your side. That’s when you really need a San Luis personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the injury happened.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and seeing things objectively is very hard. However, staying calm and collected can make the difference between receiving the proper compensation or leaving the case with nothing.
An experienced San Luis personal injury professional can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even comprehend the full breadth of what could happen until talking with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with any potential claim.
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What is a San Luis Common Carrier Accident Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained 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 begin the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured party might retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all possible resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney accept?
The PIL generally tackles a wide number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary field of a PIL is the intentional tort case. An intentional tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other areas of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly 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 so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim will end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And finally, 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 may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in San Luis
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!