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What a Neck Injury Lawyer does:
But maybe you really could use someone to take your side. Someone that will fight for your cause. A professional who can fight for your side. Sometimes you really should retain a Phoenix personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident occurred.
Being hurt by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is challenging. However, remaining cool and collected can be the difference between getting the best payment or dropping the case feeling horrible.
An experienced Phoenix personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Most people may not even get the potential consequences of what could happen until speaking with a professional. That person can help you realize all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Phoenix Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally retained to recover cash or other financial means 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 a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party may hire a personal injury professional when the case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems caused by the injury, and more.
After the legal professional has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer fight for?
A PIL usually handles a large variety of cases that fall into two main fields. 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 a person.
The other primary study of a PIL is the intentional wrongful case. An intentional tort occurs when one person willfully 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 possible causes for a personal injury case is nearly endless.
In addition, and completely different from most other areas of the legal universe, PILs usually 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 overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal 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 receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may very well end up in court.
However, 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 other party is totally 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 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 large trial brings public attention. And even a small trial can provoke 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. Lengthy court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment sooner rather than down the road. Or they may simply not want to finish the never-ending 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 the best situation for either. The accusing party would rather settle for 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. 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 terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Neck Injury Lawyer in Phoenix
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!