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What a Motorcycle Injury Lawyer Near Me does:
Have you or a loved one been hurt in an accident or through the negligence of someone? Sure, sometimes issues can be resolved through personal insurance or through a small claims court. Every once in a while it can be best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you could use someone to have your back. Someone that will gun for you. A person who will really fight for your side. Those are the times you really should retain a Florence personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident happened.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and seeing things objectively is very hard. But keeping cool and logically oriented can make the difference between receiving the proper payment that you deserve or dropping the case with no recourse.
An experienced Florence personal injury legal representative can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even understand the facts of the situation until conversing with a legal professional. An attorney can help you see all of this in a more objective light, determine the claim and how they can help with your case, and help you move forward with any possible claim.
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What is a Florence Motorcycle Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity on behalf of 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 begin the lawsuit and a different 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 professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer 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, get any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If that negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take on?
The PIL generally takes a wide variety 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 negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other main field of a PIL is the purposely executed tort case. An intentional tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is essentially endless.
In addition, unlike pretty much all other areas of law, personal injury lawyers 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 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 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 just flat-out refused that a personal injury claim will end up in front of a judge.
But 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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may simply 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 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give 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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turns out, decides if they will bring the case 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 everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Florence
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 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!