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What a Motorcycle Injury Lawyer Near Me does:
Have you or a loved one been injured in an accident or through the negligence of others? Many times incidents can be solved by personal insurance or through a small claims case. If it is not worth fighting for it’s probably best to walk it off and get on with your life because it may cause you more headache than it is worth .
But perhaps you could use someone to get your back. Someone who will really gun for you. A person who will really fight for your side. Sometimes you really should have a Clifton personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life before the injury occurred.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and being objective is nearly impossible. However, keeping calm and logical can be the difference between receiving the appropriate payment or leaving the case with your tail between your legs.
A Clifton personal injury professional can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what might occur until discussing the matter with a professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and whether they can help with your case, and help you move forward with the process of any potential case.
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What is a Clifton 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 generally retained to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person can retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues caused by the injury, and more.
After the lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all potential 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 may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney fight for?
The PIL generally tackles a large number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by 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.
The other primary field of a PIL is the purposely executed tort case. A purposeful tort happens when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is basically endless.
In addition, separate from most other fields of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case will end up in court.
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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is 100% 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 low profile. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 the best situation. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Motorcycle Injury Lawyer Near Me in Clifton
Here at DeLozier Law, we have many 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!