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Things a Neck Injury Lawyer does:
Have you or a loved one been injured in an accident or through the negligence of others? At times issues can be determined by insurance or through a small claims court. If it is very minor it can be probably best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to take your side. Someone who will gun for you. Someone who will really fight on your side. Then you really should have a Queen Creek personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back to your life before the incident occurred.
Being harmed by a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing things objectively is hard. But remaining calm and logically oriented can make the difference between receiving the best price that you deserve or leaving the case feeling like you should have gotten a more appropriate solution.
A great Queen Creek personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of what could happen until talking 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 the process of any potential case.
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What is a Queen Creek Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil 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 someone brings a civil action suit against another person, 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 could hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, 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, get any and all documents related to the claim, and use all potential 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 that negotiation fails, the lawyer can file a lawsuit in response. But what cases would a personal injury attorney fight for?
A PIL generally takes a wide number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be 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 someone.
The second main study of a PIL is the intentional tort case. An intentional tort occurs when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of law, personal injury attorneys usually work on a contingency fee basis. This means 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 just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could 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 just flat-out refused that a claim will end up going to court.
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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other 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 settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials 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 probably wants 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 complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, settlement allows the injured party a guaranteed win. A trial is more of a ‘the higher the risk the more the reward’ type of situation, which is not always in the best interest of either party. 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 taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
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 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 occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, chooses if they will push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Neck Injury Lawyer in Queen Creek
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 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!