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Duties of a Motorcycle Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the willful negligence of others? At times problems can be solved through insurance or through a small claims case. Occasionally it’s probably a good idea to drop it and move on because it may cause you more headache than it is worth spending your time on.
But perhaps you need someone to take your side. Someone who will gun for your cause. A professional who will fight on your side. Then you really should retain a Mesa personal injury professional 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 injury happened.
Being victimized by a crime, accident, or willful negligence is never a good time. It’s an emotional time, and being objective is nearly impossible. But staying cool and collected can make the difference between getting the proper payment that you deserve or quitting the case with a situation you will never recover from.
An experienced Mesa personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even understand the breadth of what could happen until speaking with a professional. An attorney can help you see all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move forward with any potential claim or case.
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What is a Mesa Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents in relation to your claim, and use all their potential resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation fails, the legal professional may file a lawsuit in response. But what cases could a personal injury lawyer take on?
A PIL usually handles a large variety of cases that can be separated into two main 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 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 another person.
The other main study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential causes for a personal injury case is pretty much endless.
In addition, and in contrast to most other areas of law, PILs usually work on a contingency fee basis. What this means is 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is 100% 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 on the down low. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may just not want to complete 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 what either party wants. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 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 happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Motorcycle Injury Lawyer Near Me in Mesa
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 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!