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Duties of a Bus Personal Injury Lawyer:
Has a loved one or you been injured either in an accident or through the willful neglect of others? Many times things can be worked out through personal insurance or through a small claims court. Every once in a while it’s probably best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you need someone to get your back. Someone that will gun for your case. A person who will fight on your side. Sometimes you really should retain a Gila County personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and seeing the situation objectively is very hard. However, staying cool and logically oriented can make the difference between receiving the proper compensation that you deserve or quitting the case feeling incompetent.
An experienced Gila County personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the potential consequences of the situation until sitting down with a professional. An attorney can help you see all of this objectively, determine if a potential claim exists and if they can be of service, and help you move forward with the process of any potential claim.
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What is a Gila County Bus Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, also known as litigation 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 lawyer is usually hired to initiate the lawsuit and a different civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party can retain a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney accept?
A PIL usually handles a wide number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be 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 person.
The other primary study of a PIL is the intentional injustice case. A purposeful tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other fields of the legal universe, personal injury lawyers nearly 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 any other service. 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 these final steps of the process aren’t so simple. The injured party can 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 case can end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they might 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 out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation in the near term 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 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 accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim to trial. 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 file a case with the court. If the other party agrees to some terms but not others or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Bus Personal Injury Lawyer in Gila County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!