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What a Neck Injury Lawyer does:
Have you or a loved one been hurt in an accident or through the negligence of others? At times issues can be settled by insurance or through a small claims case. Every once in a while it can be best to walk it off and get on with your life.
But at times you really could use someone to have your back. Someone who will really fight for you. A person who can fight on your side. Sometimes you really should retain a Flagstaff personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is difficult. However, staying calm and collected can make the difference between getting the proper compensation that you deserve or going home feeling incompetent.
An experienced Flagstaff personal injury professional can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even fully realize the breadth of the situation until speaking with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move forward with any possible claim.
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What is a Flagstaff Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person may hire a personal injury professional when said claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer 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, gather any and all documents in relation to the case, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL generally handles a wide number of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other primary field of a PIL is the intentional wrongful case. A purposeful tort happens when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to most other fields of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be 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 getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may very well end up going to trial.
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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
And finally, 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 accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Neck Injury Lawyer in Flagstaff
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 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!