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Things a Motorcycle Injury Lawyer Near Me does:
Has a loved one or you been injured either in an accident or through the willful neglect of someone? There are times issues can be dealt with through insurance or through a small claims case. Occasionally it can be probably best to walk it off and move forward because it may cause you more headache than it is worth spending your time on.
But at times you need someone to take your side. Someone that will gun for your cause. A person who can really fight for your side. Then you really should retain a Chandler personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and seeing things objectively is challenging. However, remaining cool and logically oriented can be the difference between receiving the best compensation or dropping the case with no recourse.
An experienced Chandler personal injury attorney can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. Most people may not even realize the full breadth of the situation until conversing with a professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with any potential claim.
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What is a Chandler Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually retained to recover money or other financial means 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 initiate the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party may retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents related to your claim, and use all possible resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation fails, the legal professional will consider filing a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
A PIL usually takes a large number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other fields of the legal world, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the 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 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 could potentially end up in front of a judge.
However, 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 probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the down low. 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 is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
And lastly, 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 may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses 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 settlement terms. 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 others or only partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Chandler
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!