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What a Motorcycle Injury Lawyer Near Me does:
Have you or a loved one been injured in an accident or through the willful neglect of others? There are times incidents can be resolved by insurance or through a small claims court. If it is very minor it’s probably best to drop it and get on with your life.
But perhaps you really could use someone to take your side. Someone who will really gun for you. Someone who will really fight on your side. Sometimes you really should retain a Youngtown personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being hurt in a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is challenging. However, keeping calm and logically oriented can make the difference between getting the proper payment that you deserve or quitting the case with no recourse.
A great Youngtown personal injury professional can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of the legal system. Most people may not even comprehend the breadth of what might occur until speaking with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Youngtown Motorcycle Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for 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 bring the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
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 contacted, get any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation fails, the legal professional may file a lawsuit in response. But what kinds of cases does a personal injury lawyer take on?
The PIL usually takes a large variety of cases that can be divided into two main categories. 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 at the hands of 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 second main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is basically endless.
In addition, separate from nearly all other fields of law, personal injury lawyers generally 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 otherwise. Their fee is based just upon a percentage of the 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 so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim could potentially end up going to court.
However, 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 defendant 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 publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment 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 never-ending process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 Personal Injury Lawyer’s Tasks?
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 lawyer 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 demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. 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 of the terms but not all of them or is in partial agreement to terms, 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 Youngtown
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they 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!