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Duties of a Negligence Car Accident Attorney Near Me:
Have you or a loved one been hurt either in an accident or through the neglect of others? Sure, sometimes problems can be determined by personal insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But at times you could use someone to take your side. Someone who will fight for your cause. A professional who can really fight for your side. Those are the times you really should have a Scottsdale personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or negligence is not ever a good time. It’s a very trying time, and being objective is challenging. But remaining calm and logically oriented can be the difference between getting the fair payment that you deserve or going home with your tail between your legs.
A Scottsdale personal injury legal representative can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. Most people may not even understand the facts of the situation until sitting down with a professional. An attorney can help you realize all of this objectively, determine if a potential claim exists and if they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Scottsdale Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash 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 bring the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured party could retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If negotiation fails, the attorney may consider filing a lawsuit in response. But what cases does a personal injury lawyer accept?
A PIL generally takes a wide variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim could potentially end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is 100% 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 lend 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 big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation in the near term rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting 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 breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Negligence Car Accident Attorney 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!