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Duties of a Neck Injury Lawyer:
Have you or a loved one been hurt either in an accident or through the negligence of others? Many times incidents can be solved by personal insurance or through a small claims court. Every once in a while it’s a good idea to forget about it and move on because it may cause you more headache than it is worth fighting for.
But maybe you need someone to have your back. Someone who will fight for you. Someone who will fight on your side. That’s when you really need a Globe personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the incident happened.
Being the victim of a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. However, keeping cool and logically oriented can be the difference between receiving the proper price or going home feeling incompetent.
An experienced Globe personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our legal system. Most people may not even realize the potential consequences of the situation until speaking with a professional. An attorney can help you realize all of this objectively, determine if a claim exists and whether they can help with your case, and help you move ahead with the process of any potential case.
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What is a Globe Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney fight for?
A PIL generally tackles a large number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main field of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is essentially endless.
In addition, unlike pretty much all other fields of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final 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 do not get agreed upon or an offer is just flat-out refused that a claim may very well end up in court.
However, it is rare 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 unneeded legal fees. If the defending party is 100% aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything 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 what either party wants. The plaintiff may in many cases rather settle for a little 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 award a much lesser amount.
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 legal professional has built 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation worked out, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or only 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 Globe
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 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!