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Duties of a Neck Injury Lawyer:
Has a loved one or you been hurt either in an accident or by way of the neglect of others? At times issues can be dealt with through personal insurance or through a small claims case. Occasionally it’s probably best to walk it off and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you really need someone to take your side. Someone who will really fight for you. Someone who can fight on your side. Those are the times you really should have a Guadalupe personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and being objective is difficult. But staying cool and collected can make the difference between getting the appropriate payment that you deserve or dropping the case worse off than before.
A successful Guadalupe personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even get the facts of what’s happening until speaking with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with any possible claim or case.
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What is a Guadalupe Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 another person, a civil attorney is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, 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, research any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take on?
A PIL generally handles a large number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other main field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury professionals generally 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 only upon 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 so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may end up in court.
But 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 unnecessary 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 settling the case will keep it on the DL. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 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 award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 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 whether a settlement is reached, chooses if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Neck Injury Lawyer in Guadalupe
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!