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What a Injury From Doctor Lawyer Near Me does:
Has a loved one or you become hurt either in an accident or through the negligence of someone? There are times things can be settled by personal insurance or through a small claims court. Occasionally it can be a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you really could use someone to have your back. Someone that will gun for your case. A professional who can fight on your side. Then you really need a San Luis personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and being objective is hard. But keeping cool and collected can be the difference between getting the fair price or going home feeling like you should have gotten a more appropriate solution.
An experienced San Luis personal injury attorney can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. Most people may not even comprehend the implications of the situation until sitting down with a legal professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and if they can be of service, and help you move ahead with the process of any potential case.
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What is a San Luis Injury From Doctor Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial means 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 start 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 could hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health problems arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to the case, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney accept?
The PIL usually tackles a large variety of cases that can be separated into two main fields. 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 negligence or incompetence of someone else.
The other primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal universe, personal injury attorneys 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 been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may very well end up going to trial.
But 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is fully 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment in the near term rather than down the road. 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 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 the best situation. The accusing party may in many cases rather settle for 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 give a much lesser amount.
What are the PIL Tasks?
First they will take care of locating 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 breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation turns out, decides if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, 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 is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Injury From Doctor Lawyer Near Me 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!