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Has a loved one or you been injured either in an accident or through the willful negligence of others? At times things can be determined by personal insurance or through a small claims case. Occasionally it’s probably best to walk it off and move forward because it may cause you more headache than it is worth .
But there are times you need someone to have your back. Someone who will really gun for your cause. Someone who can really fight on your side. That’s when you really must have a Santa Cruz County personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever a good time. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, staying calm and collected can be the difference between getting the fair payment that you deserve or leaving the case with your tail between your legs.
An experienced Santa Cruz County personal injury lawyer 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. If you are like most people, you may not even comprehend the facts of what could happen until conversing with a professional. An attorney can help you see all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with any potential claim or case.
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What is a Santa Cruz County PTSD Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments 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 a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to the case, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation falls through, the lawyer may file a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL generally handles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an 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 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 can 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 defendant is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful PTSD 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 602-989-1759!