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Duties of a Neck Injury Lawyer:
Has a loved one or you been injured either in an accident or through the neglect of others? There are times incidents can be resolved by personal insurance or through a small claims court. Occasionally it can be probably best to forget about it and move forward.
But there are times you could use someone to have your back. Someone who will really fight for your case. Someone who can fight on your side. Those are the times you really need a Tempe personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the injury happened.
Being injured by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and being objective is difficult. However, staying calm and logical can be the difference between getting the appropriate price or leaving the case a permanently awful situation.
An experienced Tempe personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even understand the breadth of what could happen until speaking with a professional. That person can help you see all of this in a more objective light, determine if a claim exists and whether or not they can help with your case, and help you move ahead with any possible claim or case.
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What is a Tempe Neck Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party may retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents in relation to your case, and use all their potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?
A PIL generally takes a large variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second primary study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is essentially endless.
In addition, which is different than nearly all other fields of the legal universe, personal injury attorneys 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 any other service. Their fee is based solely 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 necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim may very well end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is 100% 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation as soon as possible 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 ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating 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 opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Neck Injury Lawyer in Tempe
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 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!