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Duties of a Uber Accident Personal Injury Lawyer Near Me:
But maybe you could use someone to have your back. Someone who will really fight for your cause. A professional who can really fight for your side. Then you really need a Santa Cruz County personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and seeing the situation objectively is very hard. However, keeping cool and logical can make the difference between receiving the fair payment or quitting the case with a situation that you will not like at all.
An experienced Santa Cruz County personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what might occur until sitting down with a legal professional. An attorney can help you realize all of this objectively, determine the potential of a claim and how they can be of service, and help you move ahead with the process of any potential case.
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What is a Santa Cruz County Uber Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally retained to recover cash 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 attorney is usually hired to start the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury professional when said case involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the PIL has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take on?
The PIL generally tackles a wide number of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second main study of a PIL is the intentional wrongful case. An intentional tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is nearly endless.
In addition, unlike pretty much all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly 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 necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough 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 may very well end up in court.
However, 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 in the best interest of either party. The plaintiff may in many cases 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 award a much lesser amount.
What are the PIL 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 legal professional 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will 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 completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, 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 Uber Accident Personal Injury Lawyer Near Me in Santa Cruz County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!