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Duties of a Public Transportation Personal Injury Lawyer Near Me:
Have you or a loved one been injured either in an accident or by way of the willful neglect of others? There are times things can be worked out 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.
But there are times you really could use someone to take your side. Someone who will really gun for your cause. Someone who will really fight on your side. Sometimes you really need a Gilbert personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not ever fun. It’s an emotional time, and being objective is hard. But keeping cool and logical can make the difference between receiving the appropriate payment or dropping the case with a situation you will never recover from.
A Gilbert personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. Most people may not even realize the facts of what could happen until sitting down with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with any possible claim or case.
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What is a Gilbert Public Transportation Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation fails, the attorney will consider filing a lawsuit in response. But what cases can a personal injury attorney fight for?
A PIL usually takes 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 can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there is 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a 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 claim may very well end up in court.
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 costs. If the defendant is totally 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 settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award sooner rather than down the road. Or they may simply not want to finish 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 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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating 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 detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Public Transportation Personal Injury Lawyer Near Me in Gilbert
Here at DeLozier Law, we have over 4 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!