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Duties of a Neck Injury Lawyer:
Has a loved one or you been injured either in an accident or by way of the willful neglect of others? Sure, sometimes incidents can be dealt with by personal insurance or through a small claims case. Every once in a while it’s probably best to walk it off and move forward because it may cause you more headache than it is worth spending your time on.
But there are times you need someone to take your side. Someone that will fight for you. Someone who will really fight for your side. That’s when you really should have a Tucson personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and seeing things objectively is challenging. However, keeping cool and logical can make the difference between getting the proper compensation or going home with your tail between your legs.
An experienced Tucson personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even fully realize the full breadth of what could happen until speaking with a legal professional. An attorney can help you realize all of this in a more objective light, 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 Tucson Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, which 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 a person brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party may hire a personal injury lawyer when the case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents related to your case, and use all available resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation doesn’t work, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
The PIL generally handles a large variety of cases falling into two main 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 second primary study of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, unlike most other fields of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these 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 wind up floating back and forth in limbo or an offer is unacceptable that a case could potentially end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they might 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 high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation in the near term rather than having to wait. Or they may simply not want to go through the never-ending 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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, 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 whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them 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 file a claim in court.
Choose the Successful Neck Injury Lawyer in Tucson
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!