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What a Train Personal Injury Lawyer Near Me does:
But perhaps you need someone to have your back. Someone that will fight for your cause. A person who will really fight for your side. That’s when you really must have a Santa Cruz County personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is hard. However, keeping calm and logically oriented can make the difference between receiving the appropriate price or leaving the case broke.
A Santa Cruz County personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even get the breadth of what could happen until conversing with a professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with any potential claim.
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What is a Santa Cruz County Train Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party could retain a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take on?
The PIL usually handles a wide variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other primary field of a PIL is the intentional wrongful case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other fields of law, personal injury professionals 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 been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely 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 could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim can end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending 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 on the DL. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award sooner rather than later. 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 the case.
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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for 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 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 complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation turned out, decides whether or not to push to bring the case to trial. 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 to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Train Personal Injury Lawyer Near Me in Santa Cruz County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!