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Duties of a Neck Injury Lawyer:
But at times you really need someone to have your back. Someone who will really fight for your case. A person who will really fight for your side. Sometimes you really should retain a Avondale personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. But keeping cool and logically oriented can be the difference between getting the appropriate payment that you deserve or quitting the case feeling like you didn’t get what you wanted.
An experienced Avondale personal injury attorney can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our challenging legal system. Most people may not even fully realize the facts of the situation 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 be of service, and help you move forward with the process of any possible claim or case.
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What is a Avondale Neck Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial instruments from a person or legal entity for 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 start the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation falls through, the attorney can file a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
A PIL usually handles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal universe, personal injury lawyers almost always work on a contingency fee basis. This means 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 only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim could potentially end up going to court.
But 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is completely 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation sooner rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 for the best. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest 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 gathering 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 happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Neck Injury Lawyer in Avondale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!