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Duties of a Injury From Doctor Lawyer Near Me:
Has a loved one or you become injured either in an accident or through the willful negligence of someone? Sometimes things can be determined through personal insurance or through a small claims case. Every once in a while it can be a good idea to walk it off and move forward because it may cause you more headache than it is worth .
But at times you really need someone to take your side. Someone who will really fight for you. A person who can fight for your side. Then you really should have a Scottsdale personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident happened.
Being hurt in a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and seeing the situation objectively is difficult. However, remaining calm and collected can be the difference between receiving the proper compensation that you deserve or quitting the case with a situation that you will not like.
An experienced Scottsdale personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the full breadth of what might occur until conversing with a professional. A lawyer can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with the process of any possible case.
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What is a Scottsdale Injury From Doctor Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover money or other financial instruments 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 lawyer is usually hired to start the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party may retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
The PIL generally handles a large variety of cases falling into two main 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 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 someone.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is basically endless.
In addition, and completely different from pretty much all other areas of the legal world, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten 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 Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case can end up going to court.
However, 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is totally aware that they are at fault for the incident that led to the claim, they might 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 low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. 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 finally, 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 award a much lesser amount due to unknown circumstances pretrial.
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 attorney has formed 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 required.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Injury From Doctor Lawyer Near Me in Scottsdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!