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Duties of a Neck Injury Lawyer:
Have you or a loved one been injured in an accident or by way of the willful neglect of others? Many times things can be determined through personal insurance or through a small claims court. If it is not worth fighting for it’s probably a good idea to drop it and move forward because it may cause you more headache than it is worth spending your extremely valuable time on.
But perhaps you really need someone to get your back. Someone who will gun for your case. A person who can really fight for your side. Those are the times you really should have a Colorado City personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and seeing things objectively is challenging. But keeping calm and collected can make the difference between getting the fair payment that you deserve or leaving the case with a situation that you will not like.
A Colorado City personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even realize the potential consequences of what’s happening until discussing the matter with a professional. A lawyer can help you realize all of this objectively, determine if a claim exists and whether or not they can be of service, and help you move ahead with the process of any possible case.
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What is a Colorado City Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured party might retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information for the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take?
The PIL usually handles a large variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 carelessness or incompetence of another.
The second primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, and in contrast to most other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications 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 getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case could potentially end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy 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 even longer. The plaintiff probably wants financial compensation sooner rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 complete detail of what occurred, 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 if they will 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 Colorado City
Here at DeLozier Law, we have over 4 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!