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Duties of a Neck Injury Lawyer:
But sometimes you really need someone to take your side. Someone who will really fight for your cause. A professional who will really fight on your side. Sometimes you really must have a Mesa personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life before the injury happened.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and being objective is nearly impossible. But keeping cool and collected can make the difference between receiving the best price or going home feeling like you didn’t get what you wanted.
A successful Mesa personal injury attorney can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. Most people may not even realize the potential consequences of what might occur until talking with a professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move forward with any possible claim.
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What is a Mesa Neck Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover money 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 someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If that negotiation doesn’t work, the attorney may file a lawsuit in response. But what cases could a personal injury attorney fight for?
A PIL usually tackles a wide variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death can be 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 a person.
The other main study of a PIL is the intentional tort case. A purposeful tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other fields of the legal universe, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten 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 Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case could potentially 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 lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is completely 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 on the DL. 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 fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system 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 simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And lastly, 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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only is in partial agreement, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Neck Injury Lawyer in Mesa
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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 602-464-9666!