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Duties of a Train Personal Injury Lawyer Near Me:
Has a loved one or you been hurt either in an accident or through the negligence of someone? There are times things can be settled through insurance or through a small claims court. Every once in a while it can be probably a good idea to forget about it and move forward.
But there are times you really need someone to take your side. Someone that will really fight for your case. Someone who will fight for your side. Sometimes you really must have a Scottsdale personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the incident happened.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an emotional time, and being objective is nearly impossible. However, keeping calm and collected can be the difference between getting the appropriate payment or going home empty handed.
An experienced Scottsdale personal injury professional can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even understand the implications of what’s happening until discussing the matter with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and if they can help with your case, and help you move forward with any possible claim or case.
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What is a Scottsdale Train Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables 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 retained by the defendant to defend against it. In the case of bodily injury, the injured person can hire a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents in relation to the claim, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take on?
The PIL generally handles a wide variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon 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 necessarily easy. The injured party can 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 claim may very well end up in court.
However, 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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is completely aware that they are at fault for the incident that led to the claim, they probably do 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 DL. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials 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 probably wants financial payment in the near term rather than down the road. Or they may simply 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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be 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, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Train Personal Injury Lawyer Near Me 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 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!