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Duties of a Bus Personal Injury Lawyer:
Has a loved one or you become hurt in an accident or through the willful neglect of others? At times things can be dealt with by insurance or through a small claims case. If it is very minor it’s probably best to drop it and move forward.
But sometimes you need someone to have your back. Someone that will gun for your case. A person who can really fight for your side. Sometimes you really should have a Clifton personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back to your life prior to when the injury happened.
Being harmed by a crime, accident, or willful negligence is never fun. It’s a very trying time, and seeing things objectively is hard. However, keeping calm and logical can be the difference between getting the best price or going home with no recourse.
An experienced Clifton personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our challenging legal system. Most people may not even fully realize the implications of the situation until talking with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with any possible claim.
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What is a Clifton Bus Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems arising from the injury, and more.
After the legal professional has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer fight for?
The PIL usually handles a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 a person.
The second main field of a PIL is the purposely executed tort case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of the legal universe, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an 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 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 will end up in front of a judge.
But it is unusual 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 unnecessary 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 would 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 down low. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than down the road. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 the best situation. 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 taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation turned out, chooses whether or not to bring the claim 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 everything proposed, then there would be no reason to file a court case. 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 further negotiations, agree to the new terms, or go to court.
Choose the Successful Bus Personal Injury Lawyer in Clifton
Here at DeLozier Law, we have over 4 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!