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Duties of a Bus Personal Injury Lawyer:
Have you or a loved one been injured in an accident or by way of the negligence of others? There are times problems can be dealt with by personal insurance or through a small claims case. If it is extremely minor it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to get your back. Someone that will gun for your cause. A person who can really fight on your side. Sometimes you really need a Benson personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and seeing things objectively is very hard. But keeping cool and collected can be the difference between getting the fair price that you deserve or leaving the case feeling horrible.
An experienced Benson personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our intense 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 if a claim exists and how they can be of service, and help you move forward with any possible case.
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What is a Benson Bus Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person can retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to the case, and use all their possible resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation falls through, the legal professional may file a lawsuit in response. But what kinds of cases can a personal injury attorney take?
The PIL usually tackles a wide variety of cases that can be separated into two main categories. 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 at the hands of 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 second primary study of a PIL is the purposely executed wrongful 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 similar situations. In the end, the list of reasons for a personal injury case is essentially endless.
In addition, unlike most other fields of the legal world, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is 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 an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim could potentially end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. 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 allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 of benefit to either party. The plaintiff 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 court case or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Bus Personal Injury Lawyer in Benson
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!