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Things a Motorcycle Injury Lawyer Near Me does:
Have you or a loved one become injured in an accident or through the negligence of others? Sure, sometimes incidents can be settled by personal insurance or through a small claims court. Every once in a while it’s a good idea to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But there are times you really need someone to get your back. Someone that will really gun for you. A person who will really fight for your side. Then you really should have a Gilbert personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is challenging. However, remaining calm and logical can be the difference between getting the fair price that you deserve or leaving the case feeling incompetent.
An experienced Gilbert personal injury professional can act as a buffer between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the full breadth of what could happen until talking with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and whether they can be of service, and help you move forward with any possible claim.
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What is a Gilbert 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 generally retained 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 another person, a civil attorney is usually hired to bring 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 hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
The PIL usually tackles a wide variety of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes 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 Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a 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 could potentially 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable 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 give 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 large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, 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 terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or only is in partial agreement, 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 Gilbert
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!