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Duties of a Neck Injury Lawyer:
Have you or a loved one become hurt either in an accident or by way of the negligence of others? Sometimes incidents can be worked out by personal insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But at times you really need someone to have your back. Someone that will really fight for your cause. A person who will fight for your side. That’s when you really should have a Wellton personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and being objective is nearly impossible. But remaining calm and logically oriented can be the difference between receiving the proper payment or dropping the case empty handed.
An experienced Wellton personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. Many people may not even realize the potential consequences of what could happen until talking 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 help with your case, and help you move ahead with the process of any potential case.
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What is a Wellton Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to the case, and use all potential resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
The PIL generally handles a wide variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim will end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is fully 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 settlement can help keep the case low profile. 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 provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may simply not want to finish the ridiculously long 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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
First they will take care of finding 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 lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Neck Injury Lawyer in Wellton
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!