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Duties of a Hurt in a Wreck Lawyer:
Has a loved one or you become injured either in an accident or by way of the neglect of someone? Sure, sometimes problems can be resolved by insurance or through a small claims court. Every once in a while it’s a good idea to drop it and move forward because it may cause you more headache than it is worth spending your valuable time on.
But maybe you could use someone to take your side. Someone that will really gun for your case. Someone who can fight for your side. Then you really must have a San Luis personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is hard. But remaining calm and logically oriented can be the difference between receiving the fair payment that you deserve or going home with no money.
An experienced San Luis personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even get the facts of what could happen until talking with a professional. That person can help you see all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with any possible claim or case.
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What is a San Luis Hurt in a Wreck Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables 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 begin the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury professional when said claim involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and more.
After the lawyer has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents related to the case, and use all possible 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 fails, the lawyer may file a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL usually tackles a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other main field of a PIL is the purposely executed wrongful case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving enough 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 will 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is 100% 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment sooner 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 simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 what either party wants. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award 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 lawyer 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 occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will 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.
Choose the Successful Hurt in a Wreck Lawyer in San Luis
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!