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What a Common Carrier Accident Injury Lawyer Near Me does:
But maybe you really need someone to take your side. Someone who will really gun for your cause. Someone who will fight on your side. Sometimes you really must have a Santa Cruz County personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the incident happened.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is hard. However, keeping cool and collected can make the difference between receiving the best payment that you deserve or leaving the case feeling incompetent.
An experienced Santa Cruz County personal injury legal representative can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even comprehend the facts of what’s happening until conversing with a legal professional. A lawyer can help you see all of this objectively, determine the claim and how they can be of service, and help you move ahead with any possible claim or case.
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What is a Santa Cruz County Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally 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 someone brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured party can hire a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the attorney has been retained, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation fails, the legal professional may file a lawsuit in response. But what kinds of cases would a personal injury attorney take on?
The PIL usually takes a wide number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is essentially endless.
In addition, and in contrast to 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 has overcome 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 last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may very well end up going to trial.
But it is rare 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 unnecessary legal fees. If the liable party is 100% 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation sooner rather than later. 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 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 the best situation. The accusing party may in many cases 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 claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case in front of a judge. This is determined by how much the other party 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 file a case with the court. If the other party agrees to some of the terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Santa Cruz County
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 602-464-9666!