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Duties of a Bus Personal Injury Lawyer:
Have you or a loved one become injured in an accident or by way of the negligence of someone? Many times problems can be determined by personal insurance or through a small claims court. Occasionally it can be probably best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you really need someone to get your back. Someone that will really gun for your cause. Someone who will fight on your side. That’s when you really should have a Graham County personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being hurt by a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing things objectively is hard. But remaining cool and collected can be the difference between getting the fair compensation or going home empty handed.
A great Graham County personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the implications of what might occur until talking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move ahead with the process of any possible claim.
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What is a Graham County Bus Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means from a person or legal entity for 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 initiate the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party may retain a personal injury professional when said dispute involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation fails, the lawyer may file a lawsuit in response. But what cases would a personal injury attorney take?
A PIL generally handles a wide variety of cases that can be divided into two primary categories. 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 a person.
The second primary field of a PIL is the intentional injustice case. An intentional tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is essentially endless.
In addition, unlike most other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these 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 do not get agreed upon or an offer is totally unacceptable that a case could potentially end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is 100% aware that they are at fault for the incident that led to the claim, they probably do 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 on the DL. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may simply 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 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees to terms, 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 Lawyer in Graham County
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!