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Duties of a Neck Injury Lawyer:
But sometimes you really need someone to have your back. Someone that will really gun for your cause. A person who can fight for your side. Sometimes you really must have a Surprise personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and being objective is very hard. However, remaining cool and logical can make the difference between receiving the proper price or dropping the case feeling like you didn’t get what you wanted.
A great Surprise personal injury professional can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even fully realize the breadth of the situation until speaking with a legal professional. A lawyer can help you realize 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 ahead with the process of any possible claim.
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What is a Surprise Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other assets 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can hire a personal injury lawyer when the case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation fails, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer accept?
The PIL generally tackles a wide variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 another.
The second main study of a PIL is the purposely executed wrongful case. An intentional tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of the legal universe, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could Happen 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 receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may very well end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party 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 settling the case will keep it on the down low. 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 bring unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award sooner rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 of benefit to either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest 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 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses whether or not to bring the claim in front of a judge. 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 Surprise
Here at DeLozier Law, we have over 4 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!