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Things a Motorcycle Injury Lawyer Near Me does:
Have you or a loved one become injured in an accident or by way of the willful negligence of someone? Sometimes things can be solved through personal insurance or through a small claims case. Every once in a while it can be probably a good idea to forget about it and move on.
But maybe you could use someone to have your back. Someone that will fight for your case. Someone who can fight for your side. Sometimes you really should have a Star Valley personal injury professional that will fight for your rights, both in regards to finances and personal, so you can get back to your life prior to when the incident occurred.
Being harmed by a crime, accident, or negligence is never fun. It’s an emotional time, and being objective is challenging. However, staying calm and collected can make the difference between receiving the fair compensation that you deserve or quitting the case with a situation that you will not like at all.
A great Star Valley personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our legal system. Most people may not even comprehend the breadth of the situation until discussing the matter with a legal professional. That person can help you realize all of this objectively, determine if a claim exists and whether they can be of service, and help you move ahead with any possible claim or case.
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What is a Star Valley Motorcycle Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained 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 another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person could retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to the case, and use all possible resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
A 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, automobile 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 second primary field of a PIL is the intentional injustice case. An intentional tort happens when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is essentially endless.
In addition, which is different than nearly all other areas of the legal universe, PILs usually 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 any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim will end up going to court.
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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum 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 Tasks?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turns out, decides if they will push 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 to everything proposed, then there would be absolutely 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 further negotiations, agree to the new terms, or go to court.
Choose the Successful Motorcycle Injury Lawyer Near Me in Star Valley
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!