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Duties of a Neck Injury Lawyer:
But maybe you could use someone to get your back. Someone that will fight for you. A professional who will really fight on your side. Sometimes you really should have a Willcox personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is nearly impossible. However, remaining cool and logical can be the difference between receiving the fair compensation or quitting the case with no settlement.
An experienced Willcox personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even get the implications of the situation until speaking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move forward with any possible claim or case.
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What is a Willcox Neck Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena 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 someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury lawyer when the case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation fails, the lawyer may file a lawsuit in response. But what cases does a personal injury attorney fight for?
A PIL generally tackles a wide number of cases that can be separated 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 negligence or incompetence of another.
The other primary field of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of the legal universe, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is 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 a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment in the near term 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 finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, 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, 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 Willcox
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!