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Duties of a Motorcycle Injury Lawyer Near Me:
Have you or a loved one been hurt either in an accident or by way of the willful negligence of others? Sure, sometimes issues can be resolved through personal insurance or through a small claims case. Occasionally it’s probably a good idea to drop it and move forward.
But at times you really could use someone to take your side. Someone who will really gun for your cause. A person who can really fight for your side. That’s when you really should have a Santa Cruz County personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is never fun. It’s an emotional time, and seeing things objectively is nearly impossible. However, staying cool and collected can make the difference between getting the proper payment or dropping the case empty handed.
An experienced Santa Cruz County personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Most people may not even understand the breadth of what could happen until talking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with any potential claim or case.
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What is a Santa Cruz County Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents in relation to your claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney fight for?
The PIL usually tackles a large number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main field of a PIL is the intentional tort case. A purposeful tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there is 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 Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a 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 just flat-out refused that a claim can end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish 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 for the best. The accusing party 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 court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of getting 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 opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not all of them 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 further negotiations, agree to the new terms, or go to court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Santa Cruz County
Here at DeLozier Law, we have over 4 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!