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Have you or a loved one been hurt in an accident or by way of the neglect of others? There are times issues can be dealt with by personal insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and move on.
But there are times you could use someone to have your back. Someone who will really gun for your cause. A person who can really fight on your side. Those are the times you really need a San Luis personal injury lawyer 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 happened.
Being the victim of a crime, accident, or negligence is never a good time. It’s an emotional time, and seeing things objectively is nearly impossible. However, staying calm and logical can make the difference between receiving the appropriate payment that you deserve or dropping the case with nothing.
An experienced San Luis personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even fully realize 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 if a possible claim exists and whether they can help with your case, and help you move forward with the process of any possible claim.
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What is a San Luis Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil 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 someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury professional when the claim involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather everything from 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 case, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that 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 usually tackles a large number of cases that can be divided into two primary 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 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 main field of a PIL is the purposefully perpetrated tort 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. As you can tell the possible reasons for a personal injury case is essentially endless.
In addition, which is different than pretty much all other areas of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be 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 final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim can end up in front of a judge.
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 costs. If the defending party is totally 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. 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 go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a 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 terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me 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 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!