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Duties of a Motorcycle Injury Lawyer Near Me:
Has a loved one or you been injured in an accident or through the negligence of someone? Sure, sometimes incidents can be determined by personal insurance or through a small claims court. If it is very minor it can be best to drop it and get on with your life.
But maybe you really could use someone to get your back. Someone that will really fight for your cause. Someone who can really fight for your side. Those are the times you really should have a Winslow personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the incident happened.
Being the victim of a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and seeing the situation objectively is very hard. However, staying cool and collected can be the difference between getting the appropriate price or going home empty handed.
A successful Winslow personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even realize the implications of what could happen until sitting down with a professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and how they can be of service, and help you move forward with any possible case.
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What is a Winslow Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually hired to recover cash 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 another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury professional when the dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation falls through, the attorney could fie a lawsuit in response. But what cases can a personal injury attorney accept?
A PIL generally handles a large variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other primary study of a PIL is the intentional tort case. A purposeful tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other areas of the legal universe, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may end up going to court.
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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is totally 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for 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 PIL Tasks?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed 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 try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Motorcycle Injury Lawyer Near Me in Winslow
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 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!