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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 someone? Many times incidents can be determined by personal insurance or through a small claims case. Every once in a while it’s probably best to drop it and move forward.
But perhaps you could use someone to take your side. Someone who will gun for your case. A person who will fight for your side. That’s when you really must have a Eagar personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and seeing the situation objectively is challenging. However, staying cool and collected can make the difference between getting the appropriate price or leaving the case with your tail between your legs.
A successful Eagar personal injury attorney can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even get the breadth of the situation until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine if a claim exists and whether they can help with your case, and help you move ahead with the process of any possible case.
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What is a Eagar Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured person might retain a personal injury attorney when said case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the PIL has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents in relation to the case, and use all their potential resources to verify all of their is accurate.
Then they may first try 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 cases can a personal injury lawyer fight for?
The PIL usually takes a large variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the intentional tort case. An intentional tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of the legal world, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a case can end up in front of a judge.
But 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation sooner rather than down the road. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 PIL Duties?
First they will take care of locating 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 happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or 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 file a claim in court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Eagar
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 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!