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What a Neck Injury Lawyer does:
Have you or a loved one been hurt either in an accident or through the willful negligence of others? There are times things can be determined through insurance or through a small claims case. If it is not worth fighting for it can be a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But there are times you need someone to have your back. Someone who will fight for your case. A professional who can fight for your side. Those are the times you really need a Wickenburg personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury happened.
Being injured by a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing things objectively is challenging. But staying cool and collected can be the difference between getting the appropriate price or leaving the case a permanently awful situation.
An experienced Wickenburg personal injury professional can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even fully realize the full breadth of the situation until conversing with a professional. An attorney 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 ahead with any potential case.
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What is a Wickenburg Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally 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 a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party might hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response. But what cases can a personal injury lawyer accept?
The PIL usually takes 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 negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main field of a PIL is the purposely executed wrongful case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other areas of law, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be 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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim can end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is completely 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation in the near term 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 finish the exhausting 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 of benefit to either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built 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 suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. 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 terms but not others or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Neck Injury Lawyer in Wickenburg
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!