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What a Motorcycle Injury Lawyer Near Me does:
But maybe you really need someone to take your side. Someone who will gun for your case. Someone who will fight for your side. Those are the times you really should retain a Eloy personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the incident occurred.
Being harmed by a crime, accident, or negligence is not ever fun. It’s an emotional time, and seeing things objectively is hard. But keeping cool and logical can be the difference between getting the proper payment or quitting the case with a situation that you will not like.
An experienced Eloy personal injury attorney can act as an advocate between you and the near-impossible 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 get the breadth of what might occur until conversing with a professional. A lawyer can help you see all of this objectively, determine the claim and how they can be of service, and help you move ahead with any possible claim or case.
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What is a Eloy Motorcycle Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash 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 another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues arising from the injury, and more.
After the legal professional has been hired, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
A PIL generally takes a wide number of cases that can be divided 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. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential causes for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has overcome 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 last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case may 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is completely 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required 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 of benefit to either party. The accusing party may in many cases rather settle for a little 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.
What are the PIL Tasks?
First they will take care of gathering 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 demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation turns out, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, 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 Eloy
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!