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Things a Bus Personal Injury Lawyer does:
Have you or a loved one been injured in an accident or by way of the willful neglect of others? Sometimes problems can be determined through personal insurance or through a small claims court. Occasionally it can be best to forget about it and move forward.
But sometimes you really need someone to have your back. Someone that will gun for your cause. Someone who can really fight on your side. That’s when you really need a Peoria AZ personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the injury happened.
Being harmed by a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and being objective is difficult. But staying calm and logical can make the difference between receiving the best price that you deserve or quitting the case empty handed.
A successful Peoria AZ personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even realize the full breadth of the situation until speaking with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and whether they can help with your case, and help you move forward with any potential case.
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What is a Peoria AZ Bus Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments 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 lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party could retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents in relation to the case, and use all potential resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation fails, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take?
A PIL generally tackles a large variety of cases that fall into two main fields. 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 uncaring state or incompetence of someone else.
The other main study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of the legal universe, personal injury lawyers generally 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may very well end up in front of a judge.
However, 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 unnecessary legal costs. If the defending party is fully 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And finally, 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 accusing party may in many cases rather settle for a little 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 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 occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. 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, 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 file a claim in court.
Choose the Successful Bus Personal Injury Lawyer in Peoria AZ
Here at DeLozier Law, we have many 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!