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What a Body Injury Lawyer Near Me does:
Has a loved one or you been injured in an accident or by way of the negligence of others? Sure, sometimes incidents can be dealt with by insurance or through a small claims court. If it is extremely minor it can be probably a good idea to drop it and move on because it may cause you more headache than it is worth spending your valuable time on.
But at times you need someone to take your side. Someone that will really gun for your case. Someone who will really fight for your side. Those are the times you really should have a Santa Cruz County personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back to your life before the injury happened.
Being hurt by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is hard. However, staying cool and logical can make the difference between receiving the fair compensation or quitting the case feeling like you didn’t get what you wanted.
A successful Santa Cruz County personal injury attorney can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even comprehend the implications of the situation until talking with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move forward with the process of any possible case.
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What is a Santa Cruz County Body Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured party can retain a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents related to the case, and use all their potential resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer accept?
A PIL generally tackles a wide number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The second main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. 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 case may very well end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award as soon as possible 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 beat the claim.
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 the best situation for either. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Santa Cruz County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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 602-989-1759!