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What a Emotional Abuse Lawyer Near Me does:
Have you or a loved one been hurt either in an accident or by way of the negligence of someone? There are times problems can be worked out through insurance or through a small claims case. Occasionally it can be probably best to walk it off and move on.
But perhaps you really could use someone to have your back. Someone that will really gun for you. A professional who can really 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 to your life before the injury occurred.
Being harmed by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and being objective is very hard. However, staying cool and collected can make the difference between receiving the best price that you deserve or leaving the case with no settlement.
A Scottsdale personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our intense legal system. Most people may not even comprehend the full breadth of the situation until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with any possible claim or case.
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What is a Scottsdale Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury lawyer when said 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 legal professional has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what cases can a personal injury attorney take on?
The PIL usually tackles a wide number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other main field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is basically endless.
In addition, separate from most other areas of the legal world, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. 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 the last 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim can end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is totally 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment sooner 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 anything else that is necessary to beat the claim.
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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 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 a settlement is reached, decides if they will push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely 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 partially agrees, 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 Emotional Abuse Lawyer Near Me in Scottsdale
Here at DeLozier Law, we have many 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!