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Things a Motorcycle Injury Lawyer Near Me does:
Has a loved one or you become injured in an accident or by way of the willful neglect of someone? At times issues can be settled through insurance or through a small claims court. Every once in a while it’s probably a good idea to forget about it and get on with your life.
But maybe you could use someone to take your side. Someone who will fight for your cause. A person who can fight for your side. That’s when you really must have a Fountain Hills personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life before the incident happened.
Being victimized by a crime, accident, or negligence is not ever a good time. It’s a very trying time, and being objective is challenging. But keeping cool and logical can be the difference between receiving the proper compensation that you deserve or going home feeling like you should have gotten a more appropriate solution.
An experienced Fountain Hills personal injury legal representative can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of the legal system. Most people may not even realize the potential consequences of what might occur until conversing with a professional. That person can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move forward with the process of any possible claim.
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What is a Fountain Hills Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to your case, and use all potential resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney fight for?
A PIL usually tackles a wide variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary study of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of causes for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of the legal universe, PILs 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 is no upfront payment, for consultation or any other service. Their fee is based strictly 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 necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim may end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, settlement allows the plaintiff a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always what either party wants. The accusing party may in many cases rather settle for 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 Duties?
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation turns out, 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 settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement to terms, it will be up to the plaintiff 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 Fountain Hills
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 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!