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Has a loved one or you become hurt in an accident or by way of the neglect of others? Many times issues can be worked out through personal insurance or through a small claims case. Occasionally it can be a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But maybe you really could use someone to take your side. Someone who will really gun for your case. Someone who will fight for 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 before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and seeing things objectively is difficult. But remaining cool and logical can make the difference between receiving the fair compensation that you deserve or leaving the case feeling incompetent.
An experienced Scottsdale personal injury professional can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. Many people may not even realize the potential consequences of what’s happening until sitting down with a legal professional. An attorney can help you see all of this objectively, determine if a claim exists and how they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Scottsdale Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party might retain a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the PIL has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to your case, and use all their available resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what cases could a personal injury lawyer take?
The PIL usually handles a wide variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be 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 another.
The second main study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is nearly endless.
In addition, separate from pretty much all other areas of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome 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 Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim will end up in front of a judge.
But 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 costs. If the party that is liable is 100% 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation for either. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed 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 demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push to 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 terms but not all of them or 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 file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Scottsdale
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!