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What a Hurt in a Wreck Lawyer does:
Have you or a loved one been injured either in an accident or through the willful negligence of someone? At times problems can be solved by personal insurance or through a small claims court. Every once in a while it can be probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth .
But sometimes you really could use someone to take your side. Someone that will gun for you. Someone who can fight on your side. That’s when you really must have a Scottsdale personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury happened.
Being victimized by a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and being objective is challenging. However, staying calm and collected can make the difference between getting the fair price or going home worse off than before.
An experienced Scottsdale personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. Many people may not even realize the full breadth of what might occur until discussing the matter with a professional. That person can help you see all of this objectively, determine if a potential claim exists and how they can help with your case, and help you move forward with the process of any potential claim.
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What is a Scottsdale Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are generally retained 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 lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases can a personal injury lawyer accept?
The PIL generally takes a wide number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other primary field of a PIL is the intentional wrongful case. A purposeful tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of law, PILs generally work on a contingency fee basis. What this means is 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 any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Hurt in a Wreck Lawyer in Scottsdale
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!