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Duties of a Neck Injury Lawyer:
But there are times you really could use someone to take your side. Someone who will really fight for your case. Someone who will really fight on your side. Then you really should retain a Tolleson personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident happened.
Being injured by a crime, accident, or willful negligence is not ever fun. It’s a very trying time, and being objective is challenging. But keeping cool and logically oriented can make the difference between getting the best payment that you deserve or dropping the case feeling incompetent.
An experienced Tolleson personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even understand the facts of the situation until sitting down with a professional. That person can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with any potential case.
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What is a Tolleson Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other assets 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 lawyer is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
The PIL usually tackles a large number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other main study of a PIL is the intentional injustice case. A purposeful 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 similar situations. Realistically speaking the possible causes for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of the legal universe, personal injury lawyers generally 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 otherwise. Their fee is based strictly 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 enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim will end up going to court.
However, 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant 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 award 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 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 non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 the best situation. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking 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 Duties?
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 attorney 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 suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation turns out, chooses if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Neck Injury Lawyer in Tolleson
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!