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Duties of a Motorcycle Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or by way of the negligence of others? At times problems can be solved by personal insurance or through a small claims court. Occasionally it can be a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But sometimes you could use someone to get your back. Someone who will really gun for your case. Someone who will really fight for your side. Then you really must have a Avondale personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the injury happened.
Being victimized by a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is difficult. But staying cool and logical can make the difference between getting the appropriate compensation that you deserve or dropping the case with your tail between your legs.
An experienced Avondale personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the potential consequences of what could happen until discussing the matter with a legal professional. An attorney can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Avondale Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party will retain a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases would a personal injury attorney take?
A PIL generally handles a wide variety of cases that can be separated into two primary groups. 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 carelessness or incompetence of someone.
The second primary field of a PIL is the intentional injustice case. A purposeful tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. 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 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 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 completely aware that they are at fault for the incident that led to the claim, they may 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 out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award in the near term rather than down the road. 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation turns out, chooses if they will push to bring the case 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 all terms, 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 only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Avondale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!