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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Have you or a loved one become hurt either in an accident or through the negligence of others? Sure, sometimes issues can be determined by insurance or through a small claims case. Occasionally it’s probably a good idea to forget about it and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But perhaps you really could use someone to get your back. Someone that will really gun for your case. A professional who will really fight on your side. That’s when you really must have a Scottsdale personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not enjoyable. It’s an emotional time, and being objective is nearly impossible. However, keeping calm and logical can be the difference between getting the best payment or dropping the case with nothing.
An experienced Scottsdale personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even get the breadth of the situation until speaking with a 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 ahead with the process of any possible claim.
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What is a Scottsdale Common Carrier Accident Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum 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 someone brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured party might retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents in relation to the claim, and use all their potential 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 fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
A PIL generally takes a wide number of cases that can be divided into two primary groups. 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 main field of a PIL is the purposely executed tort case. A purposeful tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is nearly endless.
In addition, unlike most other areas of the legal universe, personal injury lawyers almost always 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 should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an 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 unacceptable that a claim will end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is fully 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 settling the case will keep it low profile. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award 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 just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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 what either party wants. The plaintiff 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 due to unknown circumstances pretrial.
What are the PIL 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation works out, decides 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 settlement terms.
Choose the Successful Common Carrier Accident 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 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!