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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 willful negligence of others? Sure, sometimes things can be dealt with through insurance or through a small claims case. If it is extremely minor it can be probably a good idea to walk it off and move on.
But perhaps you need someone to take your side. Someone who will really gun for your case. A professional who can really fight on your side. Then you really must have a Cottonwood personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the incident happened.
Being the victim of a crime, accident, or negligence is not ever fun. It’s an emotional time, and being objective is difficult. But keeping cool and logical can be the difference between receiving the best compensation that you deserve or going home feeling incompetent.
An experienced Cottonwood personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. Most people may not even realize the potential consequences of what could happen until discussing the matter with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Cottonwood Motorcycle Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually retained to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party may hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents related to your claim, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
The PIL generally tackles a large number of cases falling 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 uncaring state or incompetence of a person.
The second primary study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is nearly endless.
In addition, unlike most other areas of the legal universe, personal injury attorneys almost always work on a contingency fee basis. This means 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 otherwise. Their fee is based strictly upon 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 totally unacceptable that a case 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is completely 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 high profile people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment sooner rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 may in many cases 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 PIL 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 defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, 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 terms of the settlement. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Cottonwood
Here at DeLozier Law, we have many 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!