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What a Motorcycle Injury Lawyer Near Me does:
Has a loved one or you become injured either in an accident or by way of the willful negligence of someone? Many times problems can be resolved through insurance or through a small claims court. If it is extremely minor it can be probably best to drop it and move forward because it may cause you more headache than it is worth spending your time on.
But at times you really need someone to take your side. Someone that will really fight for your cause. A professional who will fight on your side. Those are the times you really should retain a Prescott personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and being objective is very hard. However, staying calm and logical can make the difference between receiving the appropriate price or quitting the case feeling like you didn’t get what you wanted.
A Prescott personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our legal system. Most people may not even understand the potential consequences of what could happen until discussing the matter with a professional. That person can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with the process of any potential claim.
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What is a Prescott Motorcycle Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover cash 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 lawyer is usually hired to start the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may retain a personal injury professional when said dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather everything for 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 claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional can file a lawsuit in response. But what cases does a personal injury attorney take on?
The PIL generally tackles a large variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other primary field of a PIL is the purposely executed tort case. An intentional tort occurs when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other areas of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final 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 do not get agreed upon or an offer is just flat-out refused that a claim will end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required 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 plaintiff 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.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer 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 required.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Motorcycle Injury Lawyer Near Me in Prescott
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!