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What 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? Sure, sometimes incidents can be determined by insurance or through a small claims case. If it is very minor it can be probably best to walk it off and get on with your life.
But there are times you could use someone to get your back. Someone who will fight for your cause. A professional who can fight on your side. Those are the times you really should retain a Gila County personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident occurred.
Being victimized by a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. But keeping cool and logically oriented can make the difference between getting the proper payment or leaving the case with a situation you will never recover from.
An experienced Gila County personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even understand the potential consequences of the situation until talking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move ahead with any potential case.
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What is a Gila County Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually hired to recover money or other valuables 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 attorney is usually hired to begin the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and more.
After the attorney has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents related to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take on?
A PIL generally 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, 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 second primary study of a PIL is the purposely executed tort case. A purposeful tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is basically endless.
In addition, which is different than most other fields of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these 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 do not get agreed upon or an offer is just flat-out refused that a claim could potentially 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 many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is fully 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation as soon as possible rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary 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 plaintiff 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees to terms, 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 Gila County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!