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Duties of a Body Injury Lawyer Near Me:
Have you or a loved one become hurt either in an accident or through the willful negligence of someone? Sure, sometimes issues can be determined by insurance or through a small claims case. Every once in a while it can be best to drop it and get on with your life.
But perhaps you really need someone to take your side. Someone that will really fight for your case. A person who will fight for your side. Then 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 roll back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is challenging. But staying calm and logical can be the difference between receiving the appropriate compensation that you deserve or leaving the case with nothing.
A successful Scottsdale personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Many people may not even understand the full breadth of what might occur until speaking with a professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Scottsdale Body Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person will retain a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems arising from the injury, and more.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney accept?
A PIL generally tackles a wide number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 a person.
The other primary field of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. 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 the final steps of the process aren’t necessarily easy. The injured party can 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 unacceptable that a personal injury claim may very well end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment in the near term rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 the best situation for either. 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.
What are the PIL Duties?
First they will take care of gathering 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 complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses 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 to everything proposed, 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, 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 Body 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!