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Things a Motorcycle Injury Lawyer Near Me does:
Has a loved one or you been hurt in an accident or through the willful neglect of others? Many times problems can be determined by insurance or through a small claims court. If it is extremely minor it can be probably a good idea to drop it and move forward.
But sometimes you need someone to get your back. Someone who will really gun for your cause. Someone who can really fight on your side. Those are the times you really should have a Globe personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back to your life before the injury occurred.
Being injured by a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and seeing things objectively is nearly impossible. However, staying calm and logical can be the difference between receiving the proper compensation that you deserve or leaving the case broke.
An experienced Globe personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of the legal system. Most people may not even realize the implications of what’s happening 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 how they can be of service, and help you move ahead with any potential claim.
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What is a Globe Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually retained 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 a different civil lawyer is hired by the defendant to defend against 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 derived from the injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney fight for?
The PIL usually handles a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main study of a PIL is the intentional tort case. A purposeful tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome 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 Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim could potentially end up in front of a judge.
But 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 unneeded legal costs. If the liable party is completely aware that they are at fault for the incident that led to the claim, they might 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 out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. 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 finish 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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Motorcycle Injury Lawyer Near Me in Globe
Here at DeLozier Law, we have over 4 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!