Top Rated PTSD Injury Lawyer Near Me in Scottsdale For 2024
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Duties of a PTSD Injury Lawyer Near Me:
Have you or a loved one been hurt in an accident or by way of the willful negligence of others? Many times issues can be settled through 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 sometimes you really need someone to have your back. Someone that will really fight for your case. Someone who can fight on your side. Those are the times you really should have a Scottsdale personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is never fun. It’s a very trying time, and seeing the situation objectively is very hard. However, staying cool and logical can be the difference between getting the best payment or leaving the case feeling like you should have gotten a more appropriate solution.
An experienced 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. If you are like most people, you may not even realize the implications of what might occur until talking with a professional. A legal adviser 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 potential claim.
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What is a Scottsdale PTSD Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person will hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney accept?
The PIL generally handles a large variety of cases that can be separated 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 caused by 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 someone.
The second primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than most other fields of the legal universe, PILs almost 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 has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially end up going to court.
But 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is fully 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to complete the ridiculously long 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. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to court. 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 no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful PTSD Injury Lawyer Near Me in Scottsdale
Here at DeLozier Law, we have over 4 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!