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Duties of a Personal Injury Lawyer Near Me:
But there are times you need someone to take your side. Someone that will really gun for you. A professional who can fight on your side. Then you really should have a San Luis personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life before the injury happened.
Being hurt in a crime, accident, or negligence is not a good time. It’s an extremely trying time, and seeing the situation objectively is difficult. However, keeping cool and logical can make the difference between getting the proper payment or dropping the case with no recourse.
A great San Luis personal injury professional can act as a counselor between you and the challenging situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of what could happen until speaking with a professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a San Luis Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party may hire a personal injury professional when said dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
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, gather any and all documents related to the case, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases can a personal injury attorney accept?
The PIL generally handles a wide variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 uncaring state or incompetence of someone else.
The second main study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is nearly endless.
In addition, which is different than most other fields of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications 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 in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury 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 a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is completely aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known 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 everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may just not want to complete the ridiculously long 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 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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Personal Injury Lawyer Near Me in San Luis
Here at DeLozier Law, we have many 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!