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Duties of a Motorcycle Injury Lawyer Near Me:
Have you or a loved one been injured either in an accident or through the neglect of someone? At times things can be dealt with by insurance or through a small claims court. Occasionally it’s probably a good idea to forget about it and move forward.
But there are times you could use someone to take your side. Someone that will really gun for your case. A professional who can really fight for your side. That’s when you really should retain a Apache County personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or negligence is never a good time. It’s an extremely trying time, and seeing the situation objectively is difficult. But keeping cool and logical can be the difference between receiving the best payment that you deserve or quitting the case with your tail between your legs.
A great Apache County personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even comprehend the implications of what might occur until sitting down with a professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and whether or not they can be of service, and help you move ahead with any potential claim.
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What is a Apache County Motorcycle Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured party might hire a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the legal professional has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
The PIL usually 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, automobile 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 else.
The other primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, which is different than most other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may very well end up going to court.
But 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 unnecessary legal fees. If the other party is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation as soon as possible 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 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 in the best interest of either party. The plaintiff would 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 award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Motorcycle Injury Lawyer Near Me in Apache County
Here at DeLozier Law, we have over 4 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!