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Duties of a Bus Personal Injury Lawyer:
Has a loved one or you become injured either in an accident or by way of the neglect of others? Many times issues can be determined through insurance or through a small claims court. If it is very minor it’s probably best to forget about it and move on because it may cause you more headache than it is worth spending your valuable time on.
But perhaps you need someone to have your back. Someone that will gun for your case. A person who can fight for your side. Then you really must have a Oro Valley personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life before the incident occurred.
Being hurt in a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is nearly impossible. But staying calm and logical can make the difference between receiving the proper compensation that you deserve or dropping the case feeling like you should have gotten a more appropriate solution.
An experienced Oro Valley personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even get the potential consequences of what could happen until discussing the matter with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and how they can help with your case, and help you move forward with any possible claim or case.
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What is a Oro Valley Bus Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take on?
The PIL usually tackles 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. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is basically endless.
In addition, and completely different from most other fields of the legal world, personal injury attorneys 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 beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon 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 so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case will end up in front of a judge.
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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award as soon as possible rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Bus Personal Injury Lawyer in Oro Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!