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Has a loved one or you been injured in an accident or by way of the neglect of others? Sure, sometimes incidents can be worked out by insurance or through a small claims case. Every once in a while it’s probably a good idea to drop it and move forward.
But perhaps you really could use someone to get your back. Someone who will fight for you. A person who can really fight for your side. Those are the times you really should have a Scottsdale personal injury professional that will fight for your rights, both financial and individually, so you can roll back to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is challenging. But keeping calm and logical can make the difference between getting the proper compensation that you deserve or dropping the case with no recourse.
An experienced Scottsdale personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to handle 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 speaking with a professional. A lawyer can help you see all of this objectively, determine the claim and how they can help with your case, and help you move forward with any potential case.
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What is a Scottsdale Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury professional when the case involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take?
The PIL usually tackles a large number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is nearly endless.
In addition, and completely different from most other areas 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 wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment as soon as possible 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 exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, settlement allows the injured party 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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. 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 partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Wrongful Death 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!