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Things a Neck Injury Lawyer does:
Has a loved one or you become hurt either in an accident or by way of the negligence of others? There are times issues can be solved through personal insurance or through a small claims case. If it is extremely minor it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really need someone to get your back. Someone who will gun for you. A person who can fight on your side. Those are the times you really must have a St. Johns personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and seeing things objectively is hard. But keeping calm and logical can make the difference between getting the proper price or leaving the case feeling incompetent.
An experienced St. Johns personal injury legal representative can act as a counselor between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Many people may not even get the implications of what could happen until speaking with a legal professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and whether or not they can help with your case, and help you move forward with the process of any possible case.
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What is a St. Johns Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually hired 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 initiate the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and more.
After the attorney has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation falls through, the lawyer may consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
A PIL usually takes a large variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, 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 carelessness or incompetence of someone.
The other main study of a PIL is the purposely executed tort case. A purposeful tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is essentially endless.
In addition, unlike pretty much all other areas of the legal world, personal injury professionals almost always 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 otherwise. 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 these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up in front of a judge.
But it is unusual 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 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 may 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 on the DL. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 what either party wants. The accusing party would 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 award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the case in front of a judge. 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 only partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Neck Injury Lawyer in St. Johns
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!