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What a Neck Injury Lawyer does:
Has a loved one or you been injured either in an accident or by way of the willful negligence of someone? Sometimes issues can be determined by insurance or through a small claims case. If it is extremely minor it’s best to forget about it and get on with your life.
But there are times you need someone to have your back. Someone who will really fight for your cause. A professional who will really fight on your side. Sometimes you really need a Clarkdale personal injury attorney that will fight for your rights, both in regards to money and personal, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or willful negligence is not ever fun. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, remaining calm and logically oriented can be the difference between getting the proper price that you deserve or quitting the case with a situation you will never recover from.
An experienced Clarkdale personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our legal system. Many people may not even understand the breadth of what’s happening until sitting down with a professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and how they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Clarkdale Neck Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover money 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 a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will retain a personal injury professional when the case involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the PIL has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
The PIL usually tackles a large variety of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 person.
The other main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim 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 a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is totally aware that they are at fault for the incident that led to the claim, they probably do 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 on the DL. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may just not want to go through the ridiculously long 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 in the best interest of either party. The plaintiff would 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 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Neck Injury Lawyer in Clarkdale
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 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!