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Duties of a Neck Injury Lawyer:
Have you or a loved one been hurt in an accident or by way of the neglect of others? Sure, sometimes things can be determined through insurance or through a small claims case. Every once in a while it’s best to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But sometimes you need someone to take your side. Someone that will gun for your cause. A person who can really fight on your side. That’s when you really need a Pinal County personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident happened.
Being the victim of a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and seeing things objectively is hard. But keeping calm and collected can make the difference between receiving the best price or quitting the case feeling incompetent.
An experienced Pinal County personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the potential consequences of what could happen until discussing the matter with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move forward with any potential claim.
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What is a Pinal County Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are usually retained to recover money 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 to defend it. In the case of bodily injury, the injured person can retain a personal injury professional when the claim involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what kinds of cases would a personal injury attorney take on?
A PIL usually tackles a wide number of cases falling into two primary groups. 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 carelessness or incompetence of someone.
The other main field of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, unlike most other fields of law, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be 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 an 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 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 personal injury claim may end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment in the near term rather than having to wait. 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 win the case.
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 for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of gathering 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 requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not all of them or only partially agrees to terms, 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 Pinal County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!