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What a Neck Injury Lawyer does:
Has a loved one or you been injured either in an accident or through the neglect of others? At times incidents can be resolved by insurance or through a small claims court. If it is very minor it’s probably a good idea to walk it off and get on with your life.
But there are times you need someone to have your back. Someone who will really gun for your case. A professional who can really fight on your side. That’s when you really should have a Greenlee County personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the incident occurred.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is nearly impossible. However, remaining calm and collected can make the difference between getting the best payment or going home with no recourse.
A great Greenlee County personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even understand the implications of what’s happening until conversing with a professional. A lawyer can help you see all of this objectively, determine the claim and whether they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Greenlee County Neck Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party will retain a personal injury professional when said dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
A PIL usually handles a large variety of cases that fall into two main 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 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 another person.
The other primary field of a PIL is the purposely executed injustice case. An intentional tort happens when one person willfully hurts 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 in contrast to most other fields of the legal universe, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon 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 so simple. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may very well end up in front of a judge.
However, it is unusual 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 fees. If the other party is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And finally, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely 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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to determine 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 Greenlee 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!