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What a Motorcycle Injury Lawyer Near Me does:
But perhaps you really could use someone to get your back. Someone that will really fight for your cause. A person who can really fight on your side. That’s when you really should retain a Pima personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being hurt by a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing things objectively is challenging. But keeping cool and collected can be the difference between receiving the proper payment or leaving the case with no settlement.
An experienced Pima personal injury legal representative can act as a buffer between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even understand the facts of what might occur until discussing the matter with a professional. A lawyer 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 forward with the process of any potential case.
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What is a Pima Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally 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 attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party might retain a personal injury lawyer when said case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
The PIL generally handles a large number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. 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 purposely executed wrongful case. An intentional tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential causes for a personal injury case is nearly endless.
In addition, separate from nearly all other areas of the legal universe, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 can end up in court.
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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is totally 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows 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 there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 of benefit to either party. 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 taking the chance of either losing the claim completely 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 gathering 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 opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to court. 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 completely to everything proposed, 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 decide 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 Pima
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 602-464-9666!