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Duties of a Neck Injury Lawyer:
Has a loved one or you become hurt either in an accident or by way of the willful neglect of someone? At times problems can be dealt with through personal insurance or through a small claims case. Occasionally it’s probably best to walk it off and move on because it may cause you more headache than it is worth .
But sometimes you need someone to take your side. Someone who will really fight for your case. A person who can fight on your side. Sometimes you really need a Douglas personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and being objective is hard. However, remaining cool and collected can make the difference between receiving the appropriate price that you deserve or going home with no money.
A Douglas 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 challenging legal system. If you are like most people, you may not even get the facts of what might occur until speaking with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move ahead with any possible claim.
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What is a Douglas Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually retained to recover cash or other financial instruments from a person or legal entity on behalf of 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 begin the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the attorney 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 related to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney accept?
A PIL usually takes a large number of cases that can be separated 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 uncaring state or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is nearly endless.
In addition, unlike nearly all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough 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 can end up going to trial.
However, 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is completely aware that they are at fault for the incident that led to the claim, they would 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 agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation in the near term 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 whatever it takes to beat the claim.
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 a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely 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 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 Douglas
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!