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Duties of a Neck Injury Lawyer:
But perhaps you could use someone to have your back. Someone who will gun for you. A person who can really fight on your side. Sometimes you really should retain a Kearny personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. But keeping cool and logically oriented can be the difference between getting the proper price that you deserve or leaving the case with no recourse.
An experienced Kearny personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the full breadth of the situation until conversing with a legal professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and if 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 Kearny Neck Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally retained to recover cash or other assets 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 another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer accept?
A PIL usually takes a wide variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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.
The second primary study of a PIL is the intentional wrongful case. A purposeful tort occurs 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 essentially endless.
In addition, unlike pretty much all other areas of the legal universe, personal injury lawyers 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 is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim can end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party 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 settling the case will keep it on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted 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 an additional length of time. The plaintiff may want financial award in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 of benefit to either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Neck Injury Lawyer in Kearny
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 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!