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Duties of a Neck Injury Lawyer:
But maybe you need someone to take your side. Someone who will really fight for your case. Someone who can really fight for your side. Sometimes you really should retain a Prescott personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is nearly impossible. However, keeping cool and collected can be the difference between getting the proper compensation or leaving the case a permanently awful situation.
An experienced Prescott personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even get the breadth of what’s happening until speaking with a legal professional. A lawyer can help you see all of this objectively, determine the claim and whether they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Prescott Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party can retain a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and more.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
The PIL usually handles a wide number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by 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 second main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens 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. Considering everything mentioned here, the possible reasons for a personal injury case is basically endless.
In addition, separate from most other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim could potentially end up going to trial.
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 costs. If the party that is liable is fully 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. 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 privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award in the near term rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or 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 Prescott
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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 602-989-1759!