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Duties of a Motorcycle Injury Lawyer Near Me:
Have you or a loved one been hurt in an accident or through the neglect of someone? Sure, sometimes incidents can be solved through personal insurance or through a small claims court. Occasionally it can be a good idea to drop it and move on because it may cause you more headache than it is worth fighting for.
But perhaps you really need someone to have your back. Someone who will fight for you. Someone who can really fight on your side. Then you really should have a Taylor personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is challenging. But keeping cool and collected can be the difference between receiving the fair payment that you deserve or dropping the case feeling horrible.
An experienced Taylor personal injury legal representative 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 realize the implications of what’s happening until speaking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and whether or not they can help with your case, and help you move ahead with any potential claim or case.
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What is a Taylor Motorcycle Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person will retain a personal injury professional when said claim involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health issues arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents in relation to your case, and use all their available 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 falls through, the lawyer may consider filing a lawsuit in response. But what cases would a personal injury attorney fight for?
A PIL usually tackles a wide variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 someone else.
The other primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other fields of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can 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 court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is 100% 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 settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment sooner 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 finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to determine 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 Taylor
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!