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Duties of a Plane Personal Injury Lawyer Near Me:
Have you or a loved one been hurt either in an accident or by way of the negligence of someone? There are times incidents can be settled through insurance or through a small claims court. Every once in a while it’s best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you really could use someone to get your back. Someone who will fight for you. A person who can fight for your side. Those are the times you really should retain a Santa Cruz County personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing things objectively is challenging. But keeping calm and logical can be the difference between getting the best compensation or quitting the case feeling horrible.
An experienced Santa Cruz County personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. Many people may not even realize the potential consequences of what might occur until discussing the matter with a professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and whether or not they can be of service, and help you move forward with any possible case.
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What is a Santa Cruz County Plane Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired 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 another person, a civil attorney is usually hired to bring the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured party will hire a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents in relation to your case, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney take on?
The PIL generally handles a wide variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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.
The second primary study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is basically endless.
In addition, which is different than pretty much all other areas of the legal universe, 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 has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim 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 variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is fully 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 award 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 large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment as soon as possible rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required 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 in the best interest of either party. The accusing party would rather settle for 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 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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation worked out, decides if they will bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Santa Cruz County
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!