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Duties of a Bus Personal Injury Lawyers Near Me:
Has a loved one or you been injured either in an accident or by way of the willful neglect of others? There are times incidents can be determined by personal insurance or through a small claims court. Every once in a while it can be probably a good idea to forget about it and move on because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to have your back. Someone that will fight for your case. A professional who can really fight for your side. That’s when you really need a Gilbert personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life before the incident happened.
Being harmed by a crime, accident, or negligence is never a good time. It’s an emotional time, and seeing things objectively is very hard. But staying cool and collected can be the difference between receiving the appropriate compensation that you deserve or going home with your tail between your legs.
An experienced Gilbert personal injury attorney can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Most people may not even fully realize the potential consequences of what could happen until sitting down with a professional. That person can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Gilbert Bus Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person can retain a personal injury professional when said case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues caused by the injury, and more.
After the attorney has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer fight for?
A PIL generally tackles a large number of cases falling into two main fields. 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 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 someone else.
The second main study of a PIL is the purposely executed injustice case. An intentional tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from 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 or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a 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 totally unacceptable that a claim can end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to 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 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 low profile. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment 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 go through the exhausting 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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 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 incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to everything proposed, 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 partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Bus Personal Injury Lawyers Near Me in Gilbert
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!