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Duties of a Public Transportation Personal Injury Lawyer Near Me:
Have you or a loved one become hurt in an accident or by way of the negligence of someone? Many times things can be solved by insurance or through a small claims court. If it is not worth fighting for it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth .
But perhaps you could use someone to get your back. Someone that will really fight for you. A person who will really fight for your side. That’s when you really should retain a Tempe personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and seeing the situation objectively is hard. But staying cool and collected can make the difference between receiving the fair payment or dropping the case with your tail between your legs.
An experienced Tempe personal injury professional can act as a buffer between you and the difficult situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even get the facts of what could happen until speaking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the claim and whether they can be of service, and help you move ahead with any possible claim.
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What is a Tempe Public Transportation Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash 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 start the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may retain a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation falls through, the lawyer may file a lawsuit in response. But what cases does a personal injury attorney take on?
The PIL generally handles a wide number of cases that fall into two main categories. 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 carelessness or incompetence of another person.
The other main study of a PIL is the intentional injustice case. An intentional tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that 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 a percentage of the 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 so simple. The injured party could 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 personal injury claim can 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is fully 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
And finally, 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest 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 Tasks?
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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Public Transportation Personal Injury Lawyer Near Me in Tempe
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!