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Has a loved one or you become hurt in an accident or through the neglect of someone? Sure, sometimes incidents can be resolved through personal insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and move forward because it may cause you more headache than it is worth spending your extremely valuable time on.
But at times you need someone to get your back. Someone who will really fight for you. Someone who can really fight on your side. That’s when you really should retain a Scottsdale personal injury lawyer 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 happened.
Being victimized by a crime, accident, or negligence is never a good time. It’s an emotional time, and being objective is difficult. But remaining calm and collected can be the difference between getting the fair payment that you deserve or quitting the case feeling like you didn’t get what you wanted.
An experienced Scottsdale personal injury attorney can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even get the implications of what could happen until discussing the matter with a professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move forward with the process of any possible claim.
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What is a Scottsdale Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other financial means 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 attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
The PIL generally tackles a wide number of cases falling into two main fields. 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 uncaring state or incompetence of someone else.
The other main field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, separate from nearly all other areas of the legal universe, personal injury professionals almost always 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 should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 totally unacceptable that a claim will 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable 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 lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award sooner rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 what either party wants. The plaintiff may in many cases 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 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 legal professional 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only 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 go to court.
Choose the Successful Elder Abuse 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!