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Duties of a Bus Personal Injury Lawyer:
Have you or a loved one become hurt in an accident or through the willful neglect of others? Sometimes things can be solved through personal insurance or through a small claims court. Occasionally it’s a good idea to walk it off and move on.
But at times you need someone to get your back. Someone that will fight for you. Someone who can fight on your side. Then you really need a Eloy personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But keeping calm and collected can be the difference between receiving the best compensation or leaving the case with no recourse.
A successful Eloy personal injury attorney can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even get the breadth of what’s happening until speaking with a professional. That person can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move ahead with any potential case.
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What is a Eloy Bus Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to begin 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 may retain a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take?
A PIL usually handles a wide number of cases that can be divided 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. Wrongful death is usually caused by 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.
The other main field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of law, personal injury attorneys 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 beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only 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 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 just flat-out refused that a case may end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is totally 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 provide 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. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties 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 months. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary 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 of benefit to either party. 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 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 lawyer has formed 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 demanded.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation worked out, decides whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. 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 is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Bus Personal Injury Lawyer in Eloy
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 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!