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Things a Neck Injury Lawyer does:
Has a loved one or you been hurt either in an accident or by way of the neglect of someone? At times incidents can be solved by personal insurance or through a small claims case. Every once in a while it’s a good idea to forget about it and move on.
But maybe you could use someone to get your back. Someone who will gun for your case. A professional who will fight on your side. That’s when you really need a Payson personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life prior to when the incident happened.
Being harmed by a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and seeing the situation objectively is hard. However, staying calm and logically oriented can be the difference between getting the proper compensation that you deserve or leaving the case empty handed.
An experienced Payson personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even understand the potential consequences of what could happen until conversing with a professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Payson Neck Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money 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 attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents in relation to the claim, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional can file a lawsuit in response. But what cases would a personal injury attorney take?
The PIL usually handles a large number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second primary study of a PIL is the intentional tort case. A purposeful tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is pretty much endless.
In addition, separate from nearly all other areas of law, personal injury lawyers 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 has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last 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 totally unacceptable that a claim could potentially end up going to 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they might 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 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 all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 the best situation. The accusing party would rather settle for a little 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 give a much lesser amount.
What are the Personal Injury Lawyer’s 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 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 demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation worked out, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, 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, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Neck Injury Lawyer in Payson
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!