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Duties of a Bus Personal Injury Lawyer:
Has a loved one or you been hurt in an accident or through the neglect of others? Many times incidents can be solved through personal insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and get on with your life.
But maybe you need someone to get your back. Someone that will gun for your cause. A person who can really fight for your side. Sometimes you really need a Scottsdale personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back to your life prior to when the incident happened.
Being hurt in a crime, accident, or negligence is not ever a good time. It’s an emotional time, and seeing the situation objectively is nearly impossible. But remaining cool and collected can make the difference between getting the appropriate compensation or leaving the case broke.
A successful Scottsdale personal injury lawyer can act as a buffer between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the facts of what could happen until sitting down with a professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Scottsdale Bus Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity for 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 another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury lawyer when said case involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what kinds of cases could a personal injury lawyer accept?
The PIL usually handles a large variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 a person.
The other primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential reasons for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the 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 claim can end up in court.
However, 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 unneeded legal costs. If the defending 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL 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 attorney 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 suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a 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 put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Bus Personal Injury Lawyer in Scottsdale
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!