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Duties of a Bus Personal Injury Lawyer:
Have you or a loved one been hurt either in an accident or through the willful neglect of someone? Many times things can be settled through insurance or through a small claims court. Occasionally it can be probably best to forget about it and move forward.
But there are times you could use someone to take your side. Someone that will really gun for your case. Someone who will fight for your side. Those are the times you really need a Willcox personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is nearly impossible. However, keeping calm and logically oriented can be the difference between receiving the fair compensation or leaving the case feeling incompetent.
An experienced Willcox personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even comprehend the breadth of what’s happening until talking with a 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 any potential claim or case.
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What is a Willcox Bus Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers; they are also known as litigation 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 lawyer is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party might hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL usually handles a large number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 negligence or incompetence of another.
The second main study of a PIL is the intentional tort case. A purposeful tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving 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 trial.
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 costs. 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 settlement can help keep the case on the DL. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 the best situation for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation turns out, chooses if they will push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees 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 others or only is in partial agreement 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 Bus Personal Injury Lawyer in Willcox
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!