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What a Motorcycle Injury Lawyer Near Me does:
But there are times you really need someone to have your back. Someone that will really gun for your cause. Someone who will really fight on your side. That’s when you really should have a Arizona personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the incident occurred.
Being victimized by a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and seeing the situation objectively is challenging. But keeping calm and collected can make the difference between getting the best payment that you deserve or dropping the case with a situation you will never recover from.
A successful Arizona 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 intense legal system. Many people may not even get the full breadth of what could happen until speaking with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move ahead with any potential claim or case.
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What is a Arizona Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity for 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 another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person might retain a personal injury professional when said dispute involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take?
A PIL generally handles a large variety of cases that can be separated into two main 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 second primary study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposefully 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 reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is fully 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation sooner 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 simply not want to finish the never-ending 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 less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown 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 whether a settlement is reached, decides whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or only is in partial agreement, 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 Arizona
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!