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Duties of a Motorcycle Injury Lawyer Near Me:
Has a loved one or you become injured either in an accident or by way of the willful neglect of someone? Many times things can be settled by personal insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and move forward.
But sometimes you could use someone to get your back. Someone who will really fight for your cause. A professional who can really fight on your side. That’s when you really should have a Peoria AZ personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the injury occurred.
Being the victim of a crime, accident, or negligence is not a good time. It’s a very trying time, and being objective is challenging. But keeping calm and collected can make the difference between receiving the best payment or dropping the case worse off than before.
An experienced Peoria AZ personal injury professional can act as a counselor 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 fully realize the full breadth of the situation until sitting down with a legal professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and whether they can help with your case, and help you move forward with any potential case.
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What is a Peoria AZ Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables 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 another person, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party may hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to your claim, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation fails, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney fight for?
A PIL generally handles a wide variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 uncaring state or incompetence of a person.
The other primary study of a PIL is the purposely executed tort case. A purposeful tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other fields of the legal world, PILs nearly always 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 any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal 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 in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim can end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they probably do 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 on the down low. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 plaintiff would 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 PIL 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push 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. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court 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 Peoria AZ
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 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!