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Duties of a Plane Personal Injury Lawyer Near Me:
Have you or a loved one been injured in an accident or by way of the negligence of others? Sometimes things can be dealt with through personal insurance or through a small claims court. If it is not worth fighting for it’s probably best to walk it off and move on because it may cause you more headache than it is worth fighting for.
But at times you need someone to get your back. Someone that will fight for you. Someone who can really fight for your side. Then you really should retain a Scottsdale personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing the situation objectively is nearly impossible. But staying cool and logical can make the difference between getting the appropriate price that you deserve or dropping the case feeling like you didn’t get what you wanted.
An experienced Scottsdale personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even fully realize the full breadth of the situation until talking with a legal professional. A legal adviser can help you realize 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 possible claim or case.
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What is a Scottsdale Plane Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather everything from 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 your claim, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation falls through, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take on?
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, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second primary study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is pretty much endless.
In addition, separate from most other areas of law, PILs usually work on a contingency fee basis. What this means is 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 financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim can end up in court.
But it is rare 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 costs. If the defending party is completely 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And lastly, 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 demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or is in partial agreement, 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 go to court.
Choose the Successful Plane Personal Injury Lawyer Near Me in Scottsdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!