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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 through the neglect of others? At times things can be dealt with through personal insurance or through a small claims case. If it is extremely minor it’s probably a good idea to forget about it and move on.
But at times you need someone to take your side. Someone that will gun for your case. A professional who will fight on your side. Sometimes you really should have a Scottsdale personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being the victim of a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is very hard. However, staying calm and logical can be the difference between getting the proper payment that you deserve or dropping the case feeling incompetent.
An experienced Scottsdale personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Most people may not even understand the potential consequences of what’s happening until speaking with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a potential claim exists and whether or not they can be of service, and help you move ahead with any possible claim.
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What is a Scottsdale Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents in relation to your claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney fight for?
The PIL generally handles a wide variety of cases falling into two primary 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 uncaring state or incompetence of someone else.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible reasons for a personal injury case is basically endless.
In addition, separate from nearly all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim can end up going to trial.
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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And finally, 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement, 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 Scottsdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!