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Things a Bus Personal Injury Lawyer does:
Has a loved one or you become injured either in an accident or by way of the willful negligence of others? Sometimes problems can be settled by personal insurance or through a small claims court. Occasionally it can be a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to take your side. Someone that will fight for your cause. A professional who can fight for your side. That’s when you really should retain a Tempe personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and seeing things objectively is challenging. But keeping calm and logical can be the difference between receiving the fair payment or leaving the case with nothing.
A successful Tempe 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 our challenging legal system. If you are like most people, you may not even comprehend the potential consequences of what’s happening until speaking with a professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and how they can be of service, and help you move ahead with any possible case.
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What is a Tempe Bus Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash 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 start the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party could hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
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 contacted, research any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation fails, the lawyer can file a lawsuit in response. But what cases does a personal injury lawyer take?
A PIL usually tackles a large number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 negligence or incompetence of a person.
The second primary field of a PIL is the purposely executed tort case. An intentional tort happens when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 totally unacceptable that a claim can end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable 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 settlement can help keep the case on the DL. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation in the near term rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 what either party wants. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 attorney has formed 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 incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the claim to trial. 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 terms but not others or 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 file a claim in court.
Choose the Successful Bus Personal Injury Lawyer in Tempe
Here at DeLozier Law, we have over 4 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!