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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 neglect of someone? Many times problems can be settled through insurance or through a small claims court. If it is very minor it’s probably a good idea to drop it and move forward because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to take your side. Someone who will gun for you. Someone who can fight for your side. Sometimes you really should have a Apache Junction personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the injury occurred.
Being hurt by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is nearly impossible. However, staying cool and logical can be the difference between receiving the appropriate price or dropping the case with a situation you will never recover from.
A successful Apache Junction personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the full breadth of the situation until talking with a legal professional. A lawyer can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with any potential claim or case.
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What is a Apache Junction Motorcycle Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for 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 start the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party might retain a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as health costs, 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 can be contacted, get any and all documents in relation to the case, and use all potential resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation falls through, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take?
A PIL generally tackles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 someone else.
The second primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal world, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could 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 case can end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation sooner rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 of benefit to either party. 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 court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Motorcycle Injury Lawyer Near Me in Apache Junction
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!