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Duties of a Neck Injury Lawyer:
But perhaps you need someone to get your back. Someone that will fight for your case. Someone who can fight for your side. Sometimes you really should have a Cottonwood personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the injury happened.
Being hurt by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and seeing things objectively is challenging. However, keeping cool and collected can make the difference between getting the fair compensation that you deserve or quitting the case broke.
An experienced Cottonwood personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even fully realize the facts of what might occur until speaking with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move ahead with any possible case.
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What is a Cottonwood Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments from a person or legal entity on behalf of 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 initiate the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to the claim, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the legal professional may consider filing a lawsuit in response. But what cases can a personal injury lawyer take on?
A PIL generally takes a large number of cases that fall into two primary 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 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. An intentional tort occurs when one person willfully 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 possible causes for a personal injury case is basically endless.
In addition, separate from pretty much all other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won 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 the Result Be in a Personal Injury Case?
Of course, sometimes even the last 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 claim may very well end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely 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 settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. 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 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 complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And finally, 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 accusing party would rather settle for 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely 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 others or partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Neck Injury Lawyer in Cottonwood
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!