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Things a Negligence Car Accident Attorney Near Me does:
But maybe you need someone to take your side. Someone that will really fight for your cause. A person who can fight for your side. Sometimes you really should retain a San Luis personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident occurred.
Being harmed by a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing the situation objectively is challenging. But keeping cool and collected can make the difference between receiving the fair compensation that you deserve or dropping the case empty handed.
An experienced San Luis personal injury professional can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even comprehend the breadth of the situation until speaking with a legal professional. That person can help you realize all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move forward with any possible claim.
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What is a San Luis Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity for 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 a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person may retain a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents related to your claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
A PIL generally takes a large number of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main study of a PIL is the purposely executed injustice case. An intentional tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential causes for a personal injury case is basically endless.
In addition, which is different than nearly all other areas of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. 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 could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case will 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is fully 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 big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation sooner rather than having to wait. Or they may simply not want to complete the exhausting 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 in the best interest of either party. The accusing party would rather settle for a little 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 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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Negligence Car Accident Attorney Near Me in San Luis
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!