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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you become injured in an accident or through the neglect of others? Sure, sometimes problems can be dealt with by personal insurance or through a small claims court. If it is not worth fighting for it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But at times you could use someone to take your side. Someone that will fight for you. A person who can fight on your side. That’s when you really should retain a Scottsdale personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and being objective is difficult. But remaining cool and logically oriented can make the difference between getting the fair price or going home with a situation you will never recover from.
A successful Scottsdale personal injury attorney can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what might occur until talking with a legal professional. An attorney can help you see all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move forward with any possible claim.
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What is a Scottsdale Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 lawyer 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 professional when said dispute involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
A PIL generally handles a large variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 uncaring state or incompetence of another person.
The second primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is essentially endless.
In addition, separate from nearly all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up in front of a judge.
However, it is unusual 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 unneeded legal fees. If the defendant is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment in the near term rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 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 happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation turned out, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Personal Injury Lawyer Near Me in Scottsdale
Here at DeLozier Law, we have many 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!