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Things a Motorcycle Injury Lawyer Near Me does:
Has a loved one or you become injured either in an accident or through the willful negligence of others? Sometimes problems can be resolved through insurance or through a small claims court. Occasionally it can be a good idea to walk it off and get on with your life.
But there are times you need someone to take your side. Someone who will fight for you. Someone who will really fight on your side. That’s when you really should retain a Bisbee personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s a very trying time, and seeing things objectively is difficult. But keeping cool and logically oriented can make the difference between receiving the best payment that you deserve or going home with no recourse.
A great Bisbee personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our challenging legal system. Many people may not even realize the potential consequences of what could happen until conversing with a legal professional. That person 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 any possible claim or case.
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What is a Bisbee Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 start the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party can retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what cases can a personal injury lawyer accept?
A PIL usually takes 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, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second primary field of a PIL is the intentional injustice case. An intentional tort happens when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is basically endless.
In addition, separate from nearly all other fields of the legal universe, 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 beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last 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 do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up going to trial.
However, 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant 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 settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment 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 just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for 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 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 happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation works out, chooses whether or not to bring the claim to court. 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 completely 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 is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Bisbee
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!