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Things a Neck Injury Lawyer does:
But maybe you really need someone to get your back. Someone that will gun for your cause. Someone who will really fight for your side. Those are the times you really should retain a Gilbert personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is difficult. However, staying calm and logical can make the difference between receiving the best compensation or going home feeling horrible.
An experienced Gilbert personal injury professional can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even realize the breadth of what’s happening until conversing with a professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move forward with the process of any possible case.
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What is a Gilbert Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other valuables 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 start the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person can retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what cases would a personal injury attorney take on?
The PIL usually tackles 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, car 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 uncaring state or incompetence of someone else.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of the legal universe, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim will end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is 100% 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding 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 required.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Neck Injury Lawyer in Gilbert
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 602-989-1759!