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What a Neck Injury Lawyer does:
But perhaps you could use someone to have your back. Someone that will really gun for your case. A person who can fight on your side. Sometimes you really should have a Winslow personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and seeing the situation objectively is difficult. However, staying calm and logically oriented can make the difference between receiving the appropriate price or leaving the case with a situation you will never recover from.
An experienced Winslow personal injury professional can act as a buffer between you and the challenging situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even understand the potential consequences of what might occur until discussing the matter with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible case.
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What is a Winslow Neck Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually 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 someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response. But what cases could a personal injury attorney accept?
A PIL usually tackles a large variety of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other main field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of the legal world, personal injury lawyers usually work on a contingency fee basis. This means 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 any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a 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 claim may 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is 100% aware that they are at fault for the incident that led to the claim, they probably do 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 out of the news and the public eye. This is especially important for well-known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award in the near term rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
And finally, settlement allows the injured party 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 would rather settle for 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 attorney has formed 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 incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will 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 everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Neck Injury Lawyer in Winslow
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!