Top Rated Death From injury Lawyer Near Me in Santa Cruz County For 2020
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Duties of a Death From injury Lawyer Near Me:
But perhaps you really need someone to take your side. Someone who will really fight for your case. A person who will really fight on your side. Then you really should have a Santa Cruz County personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and being objective is nearly impossible. But remaining calm and logical can be the difference between receiving the best payment that you deserve or leaving the case with your tail between your legs.
An experienced Santa Cruz County personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. Many people may not even realize the implications of what might occur until sitting down with a legal professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and whether or not they can help with your case, and help you move forward with any potential case.
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What is a Santa Cruz County Death From injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other financial means from a person or legal entity for 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 start the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person can retain a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the PIL 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 are available, gather any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
The PIL usually takes a large number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 carelessness or incompetence of another person.
The other main study of a PIL is the intentional injustice case. An intentional 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 such situations. Realistically speaking the potential reasons for a personal injury case is essentially endless.
In addition, unlike pretty much all other areas of the legal universe, PILs usually 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 should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in an 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 getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim could potentially 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is 100% 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment in the near term rather than having to wait. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, decides whether or not to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Death From injury Lawyer 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!