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Duties of a Motorcycle Injury Lawyer Near Me:
Have you or a loved one become injured either in an accident or by way of the willful neglect of someone? Many times things can be determined by personal insurance or through a small claims case. If it is extremely minor it can be best to drop it and get on with your life because it may cause you more headache than it is worth spending your time on.
But sometimes you really could use someone to take your side. Someone who will gun for you. A professional who will fight on your side. That’s when you really must have a Somerton personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life prior to when the injury happened.
Being hurt by a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is hard. However, staying cool and collected can be the difference between getting the best compensation or quitting the case broke.
A great Somerton personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of what could happen until discussing the matter with a professional. That person can help you realize all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with any potential claim or case.
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What is a Somerton Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments 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 a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury attorney when the claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the PIL 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, research any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation fails, the legal professional may consider filing a lawsuit in response. But what cases does a personal injury attorney fight for?
A PIL generally handles a large variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. 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 injustice case. A purposeful tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of the legal universe, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. 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 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 unacceptable that a claim will end up in front of a judge.
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 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 may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And lastly, 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 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 maximum dollar amount but also risking 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 finding 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 demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees 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 all of them or is in partial agreement to terms, 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 Somerton
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!