Top Rated Neck Injury Lawyer in Graham County For 2024
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What a Neck Injury Lawyer does:
Has a loved one or you become hurt either in an accident or by way of the willful neglect of others? There are times incidents can be worked out through insurance or through a small claims court. Occasionally it’s probably best to walk it off and get on with your life.
But sometimes you could use someone to get your back. Someone that will fight for your case. A person who will really fight for your side. That’s when you really must have a Graham County personal injury lawyer 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 in a crime, accident, or negligence is never enjoyable. It’s a very trying time, and seeing things objectively is difficult. But staying calm and collected can make the difference between getting the appropriate price that you deserve or dropping the case with no recourse.
An experienced Graham County personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even get the potential consequences of the situation until conversing with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Graham County Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are 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 a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured person can retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all possible resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation fails, the attorney will consider filing a lawsuit in response. But what cases does a personal injury attorney take on?
The PIL usually takes a wide number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually 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.
The second primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly 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 or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 could potentially end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they probably do 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 DL. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation sooner rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum 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 PIL 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. 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 terms but not others or is in partial agreement, 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 go to court.
Choose the Successful Neck Injury Lawyer in Graham County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!