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Duties of a Bus Personal Injury Lawyer:
Have you or a loved one been hurt either in an accident or by way of the neglect of someone? Many times problems can be solved by insurance or through a small claims court. If it is not worth fighting for it’s probably best to forget about it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But sometimes you could use someone to have your back. Someone that will really gun for you. A person who will fight on your side. Then you really must have a Superior personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is challenging. But remaining cool and logical can be the difference between receiving the proper price that you deserve or quitting the case empty handed.
A great Superior personal injury professional can act as a buffer between you and the challenging situation, making it much easier to handle the ins and outs of our intense legal system. Most people may not even realize the facts of what could happen until speaking with a professional. That person can help you see all of this objectively, determine if a possible claim exists and if they can be of service, and help you move forward with any possible case.
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What is a Superior Bus Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally hired to recover cash 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 another person, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party could retain a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather all of the information 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 their potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation falls through, the attorney could fie a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
A PIL usually handles a large number of cases that fall into two main 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 someone else.
The other primary field of a PIL is the intentional injustice case. An intentional tort happens when someone willfully 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 essentially endless.
In addition, and completely different from pretty much all other areas of law, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 totally unacceptable that a case may end up in front of a judge.
However, 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 initiates 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 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 out of the news and the public eye. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment in the near term rather than later. Or they may just not want to finish the never-ending 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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation worked out, decides if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement 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 all of them or only is in partial agreement, 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 file a claim in court.
Choose the Successful Bus Personal Injury Lawyer in Superior
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 602-989-1759!