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Things a Neck Injury Lawyer does:
Have you or a loved one become hurt either in an accident or by way of the negligence of others? Sure, sometimes issues can be solved through personal insurance or through a small claims case. Occasionally it can be a good idea to drop it and get on with your life.
But there are times you need someone to get your back. Someone that will really gun for your cause. Someone who can fight for your side. That’s when you really should have a Oro Valley personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back to your life prior to when the incident happened.
Being injured by a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and seeing things objectively is nearly impossible. However, remaining cool and logical can be the difference between getting the fair price or leaving the case with no settlement.
A Oro Valley personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what might occur until discussing the matter with a professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and whether they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Oro Valley Neck Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally hired to recover money or other valuables 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 retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might hire a personal injury lawyer when the case involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and more.
After the legal professional has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
The PIL generally tackles a wide number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of 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 else.
The other main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is nearly endless.
In addition, unlike pretty much all other fields of law, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. 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 enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up in court.
However, it is rare 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 costs. If the defendant 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system 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 exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest 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 PIL Duties?
First they will take care of gathering 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 occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement 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 file a claim in court.
Choose the Successful Neck Injury Lawyer in Oro Valley
Here at DeLozier Law, we have over 4 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!