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What a Neck Injury Lawyer does:
Have you or a loved one become hurt either in an accident or by way of the willful negligence of someone? Sometimes incidents can be dealt with through insurance or through a small claims case. Every once in a while it can be probably best to walk it off and move forward because it may cause you more headache than it is worth spending your time on.
But at times you really could use 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 must have a Litchfield Park 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 incident occurred.
Being injured by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing the situation objectively is difficult. However, keeping cool and logically oriented can be the difference between receiving the best compensation that you deserve or going home feeling horrible.
A successful Litchfield Park personal injury attorney can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. Most people may not even comprehend the implications of what’s happening until speaking with a legal professional. An attorney can help you see all of this in a more objective light, determine the potential of a claim and whether they can help with your case, and help you move ahead with any potential case.
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What is a Litchfield Park Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally retained 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 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. In the case of bodily injury, the injured party may retain a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what cases would a personal injury lawyer accept?
The PIL usually tackles a wide variety of cases that can be separated 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 negligence or incompetence of another person.
The other primary field of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of causes for a personal injury case is essentially endless.
In addition, and completely different from most other fields of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 unacceptable that a case may end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties 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 months or longer. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment sooner 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 simply not want to finish 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 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 less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 Duties?
First they will take care of locating 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 occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Neck Injury Lawyer in Litchfield Park
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!