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Duties of a Car Accident Lawyer:
Have you or a loved one been hurt in an accident or by way of the willful neglect of someone? There are times incidents can be settled through insurance or through a small claims case. Every once in a while it can be probably best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But maybe you really could use someone to get your back. Someone that will really gun for your case. A professional who can really fight on your side. Then you really should have a Scottsdale personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life before the incident happened.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and being objective is challenging. But keeping calm and logical can be the difference between receiving the proper compensation that you deserve or going home with no money.
A successful Scottsdale personal injury lawyer can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of our intense legal system. Many people may not even understand the breadth of the situation until sitting down with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and how they can help with your case, and help you move ahead with any potential case.
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What is a Scottsdale Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person can hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to your case, and use all their potential resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer accept?
The PIL usually tackles a large variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 carelessness or incompetence of a person.
The second primary field of a PIL is the purposely executed wrongful case. An intentional tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of reasons for a personal injury case is essentially endless.
In addition, which is different than nearly all other areas of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 just flat-out refused that a case can end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party 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 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 allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award in the near term rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. 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 a 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 other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer 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 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!