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Duties of a Auto Accident Lawyers Near Me:
But sometimes you really could use someone to take your side. Someone who will really gun for your case. A professional who will fight on your side. Those are the times you really should have a Santa Cruz County personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back to your life before the injury happened.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and seeing the situation objectively is very hard. But remaining calm and collected can make the difference between getting the fair price or going home a permanently awful situation.
A successful Santa Cruz County personal injury professional can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. Most people may not even fully realize the breadth of the situation until sitting down with a professional. That person can help you see all of this in a more objective light, determine if a possible claim exists and whether or not they can be of service, and help you move forward with any potential case.
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What is a Santa Cruz County Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover cash 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person might hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer accept?
The PIL usually handles a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be caused by 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 another.
The other primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is nearly endless.
In addition, separate from nearly all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal 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 enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim may end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is completely 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 settlement can help keep the case on the DL. This is especially important for high profile 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 privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner rather than down the road. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
And finally, 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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation worked out, chooses whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Auto Accident Lawyers Near Me in Santa Cruz County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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 602-464-9666!