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Have you or a loved one become hurt either in an accident or by way of the willful negligence of someone? Many times incidents can be determined by personal insurance or through a small claims case. Occasionally it’s probably a good idea to forget about it and move on.
But perhaps you could use someone to take your side. Someone who will gun for you. A person who will fight on your side. Then you really should have a Gilbert personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. But staying cool and logical can be the difference between receiving the proper price that you deserve or dropping the case with nothing.
An experienced Gilbert personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even understand the breadth of the situation until sitting down with a professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and whether or not they can help with your case, and help you move forward with any potential claim.
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What is a Gilbert Bus Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets 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 someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person may hire a personal injury attorney when the case involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents related to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer accept?
A PIL generally takes a wide number of cases that can be divided into two primary 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 uncaring state or incompetence of someone.
The second main study of a PIL is the purposely executed tort case. An intentional 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. In the end, the potential reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other fields of the legal universe, PILs 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 been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is fully 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to 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 or longer. In addition, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 what either party wants. The plaintiff may in many cases rather settle for a little 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.
What are the PIL Tasks?
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 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 occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to 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 no reason to file a court case. If the other party agrees to some of the terms but not others or is in partial agreement to terms, it will be up to the plaintiff 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 Gilbert
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 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!