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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 by way of the negligence of someone? Sure, sometimes problems can be dealt with through insurance or through a small claims case. Every once in a while it can be a good idea to drop it and move on.
But perhaps you could use someone to get your back. Someone that will gun for you. A person who can really fight for your side. Those are the times you really should have a Flagstaff personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or willful negligence is not fun. It’s an emotional time, and being objective is challenging. However, staying calm and logically oriented can be the difference between getting the fair payment that you deserve or dropping the case with nothing.
A successful Flagstaff personal injury attorney can act as a counselor between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even get the breadth of what might occur until conversing with a legal professional. A legal adviser can help you see all of this objectively, determine if a claim exists and whether they can be of service, and help you move forward with any potential claim.
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What is a Flagstaff Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person can retain a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to the claim, and use all potential 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 negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take?
A PIL generally tackles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main field of a PIL is the intentional tort case. An intentional tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of law, personal injury attorneys generally 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 Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial award in the near term rather than later. Or they may simply not want to finish 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 of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the 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 Personal Injury Lawyer’s Tasks?
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 lawyer has built 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 requested.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to push 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. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or partially agrees to terms, 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 file a claim in court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Flagstaff
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!