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Duties of a Bus Personal Injury Lawyer:
Has a loved one or you become hurt in an accident or through the willful neglect of someone? Sure, sometimes problems can be dealt with through insurance or through a small claims case. Occasionally it’s best 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 really could use someone to have your back. Someone that will really gun for your cause. A professional who can fight for your side. Sometimes you really should retain a Payson personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back to your life before the injury happened.
Being victimized by a crime, accident, or negligence is not enjoyable. It’s a very trying time, and being objective is difficult. However, keeping cool and logical can be the difference between receiving the best compensation or leaving the case with nothing.
A successful Payson personal injury legal representative can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even understand the breadth of what could happen until talking with a professional. An attorney can help you realize all of this objectively, determine if a claim exists and whether or not they can be of service, and help you move forward with the process of any possible claim.
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What is a Payson Bus Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they 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 a person brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party may hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation fails, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
A PIL generally takes a large variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of 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 other main study of a PIL is the intentional tort case. A purposeful tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of the legal world, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a case may end up going to trial.
But 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 unneeded legal fees. If the party that is liable is totally 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment in the near term rather than down the road. 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 win a legal battle.
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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Bus Personal Injury Lawyer in Payson
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 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!