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Have you or a loved one become injured either in an accident or through the negligence of others? Sometimes problems can be settled through insurance or through a small claims case. Occasionally it can be best to drop it and move forward 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 who will really gun for you. A professional who can really fight for your side. Sometimes you really should retain a Superior personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is difficult. But keeping calm and logically oriented can be the difference between receiving the fair price or leaving the case with no recourse.
A successful Superior personal injury lawyer 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 fully realize the potential consequences of the situation until sitting down with a legal professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move forward with the process of any potential case.
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What is a Superior Motorcycle Injury Attorney?
Well, 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 money 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 attorney is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person can hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
A PIL generally tackles a large number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 a person.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is nearly endless.
In addition, which is different than nearly all other fields of the legal universe, PILs usually 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 a percentage of the 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 necessarily easy. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case could potentially end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is totally aware that they are at fault for the incident that led to the claim, they probably do 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 bring unwanted attention. A settlement 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. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 the best situation for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for 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 PIL 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 attorney has built 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 required.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, 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 Superior
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 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!