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Have you or a loved one been injured either in an accident or by way of the willful negligence of others? Many times issues can be settled by insurance or through a small claims case. If it is very minor it can be a good idea to drop it and move forward because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you could use someone to have your back. Someone who will fight for your case. A person who can fight on your side. Those are the times you really must have a San Luis personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and seeing things objectively is challenging. However, keeping cool and collected can make the difference between getting the fair payment or dropping the case feeling incompetent.
A San Luis personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the facts of what’s happening until conversing with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with any possible claim.
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What is a San Luis Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party will hire a personal injury professional when said dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation falls through, the lawyer can file a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
A PIL usually takes a wide variety of cases that can be separated into two main categories. 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 a person.
The other primary field of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of the legal universe, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon 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 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 unacceptable that a claim may very well end up in 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable 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 lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. 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 provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for 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 award as soon as possible rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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 plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for 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.
What are the Personal Injury Lawyer’s 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 happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Nursing Home Abuse 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!