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Duties of a Motorcycle Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or by way of the neglect of someone? Sometimes things can be worked out through insurance or through a small claims court. If it is extremely minor it can be a good idea to forget about it and move on because it may cause you more headache than it is worth fighting for.
But perhaps you could use someone to take your side. Someone that will gun for you. Someone who can really fight on your side. Those are the times you really must have a Pinetop-Lakeside personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or willful negligence is not a good time. It’s a very trying time, and seeing things objectively is challenging. But keeping cool and logically oriented can make the difference between receiving the appropriate payment or dropping the case with nothing.
A Pinetop-Lakeside personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even realize the facts of what could happen until talking with a legal professional. That person can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with the process of any possible case.
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What is a Pinetop-Lakeside Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets 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 begin the lawsuit and a different civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party could retain a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents in relation to your claim, and use all their potential resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?
The PIL usually tackles a large number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is essentially endless.
In addition, separate from nearly all other areas of the legal universe, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats 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 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 personal injury claim can end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully 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 DL. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all parties 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 months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award in the near term rather than later. 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 win a legal battle.
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 accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking 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 attorney has formed 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 lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Pinetop-Lakeside
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 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!