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Duties of a Neck Injury Lawyer:
Has a loved one or you become injured in an accident or by way of the negligence of someone? At times things can be determined through personal insurance or through a small claims court. Every once in a while it’s best to drop it and move forward.
But at times you need someone to get your back. Someone that will fight for you. Someone who will fight on your side. That’s when you really need a Scottsdale personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life prior to when the injury happened.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s an emotional time, and seeing things objectively is hard. But remaining cool and logical can make the difference between receiving the appropriate payment or dropping the case broke.
A Scottsdale personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even comprehend the full breadth of what could happen until speaking with a legal professional. That person can help you realize all of this objectively, 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 Scottsdale Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover cash 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 bring the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person can hire a personal injury professional when the dispute involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the PIL has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer accept?
A PIL usually takes a large variety of cases that can be divided into two primary groups. 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 carelessness or incompetence of someone.
The other main study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is essentially endless.
In addition, separate from nearly all other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who 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 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 case can end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation sooner 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 just not want to complete the exhausting process of putting on a case, presenting evidence, and doing anything 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 for the best. 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 Personal Injury Lawyer’s Tasks?
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 defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the claim to court. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them 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 Scottsdale
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 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!