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Have you or a loved one been hurt either in an accident or by way of the willful neglect of someone? Sure, sometimes issues can be resolved through insurance or through a small claims case. If it is not worth fighting for it’s probably a good idea to drop it and get on with your life.
But at times you could use someone to get your back. Someone who will fight for your cause. A professional who can really fight on your side. Then you really should have a Surprise personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident happened.
Being hurt by a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is challenging. However, keeping cool and collected can make the difference between getting the appropriate compensation or quitting the case feeling like you didn’t get what you wanted.
An experienced Surprise personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even fully realize the implications of what’s happening until speaking with a professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move forward with any possible claim or case.
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What is a Surprise Bus Personal Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other valuables 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 initiate the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to your claim, and use all potential resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation fails, the attorney will consider filing a lawsuit in response. But what kinds of cases does a personal injury lawyer take on?
The PIL usually tackles a wide number of cases that can be separated into two main fields. 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 negligence or incompetence of another person.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is basically endless.
In addition, which is different than pretty much all other fields of law, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may 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 a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they might 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 down low. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment sooner 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 anything else that is necessary to win a legal battle.
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 the best situation for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 required.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely 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 further negotiations, agree to the new terms, or go to court.
Choose the Successful Bus Personal Injury Lawyers Near Me in Surprise
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!