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Things a Neck Injury Lawyer does:
But maybe you need someone to take your side. Someone who will really gun for your cause. Someone who will really fight on your side. Sometimes you really should have a Benson personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the incident happened.
Being hurt by a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and being objective is nearly impossible. But remaining cool and collected can be the difference between receiving the best price or quitting the case with your tail between your legs.
An experienced Benson personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even understand the facts of the situation until speaking with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a possible claim exists and whether or not 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 Benson Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, also known as litigation 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 someone brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems arising from the injury, and more.
After the lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all potential resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response. But what kinds of cases does a personal injury lawyer accept?
A PIL usually handles a wide variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other areas 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 been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. 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 just flat-out refused 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 many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party 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 give much larger damages.
Secondly, a settling the case will keep it on the DL. 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 is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment sooner 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 go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses whether or not to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be 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 determine 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 Benson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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 602-464-9666!