Top Rated Negligence Car Accident Attorney Near Me in Holbrook For 2024
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What a Negligence Car Accident Attorney Near Me does:
Have you or a loved one been hurt either in an accident or by way of the negligence of someone? At times incidents can be resolved by personal insurance or through a small claims court. If it is very minor it can be best to walk it off and move forward.
But at times you could use someone to get your back. Someone who will really fight for your cause. A professional who can really fight on your side. Sometimes you really must have a Holbrook personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and seeing things objectively is challenging. But keeping cool and collected can be the difference between getting the proper payment that you deserve or going home with a situation that you will not like at all.
A successful Holbrook personal injury professional can act as a buffer between you and the difficult situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even get the implications of what could happen until discussing the matter with a professional. A lawyer can help you see all of this in a more objective light, determine if a possible claim exists and whether or not they can help with your case, and help you move ahead with any potential case.
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What is a Holbrook Negligence Car Accident Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer 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 can hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response. But what cases can a personal injury lawyer fight for?
The PIL generally tackles a large number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 another.
The second primary field of a PIL is the intentional tort case. An intentional tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is essentially endless.
In addition, and completely different from most other fields of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal 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 enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case could potentially end up in front of a judge.
But 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation in the near term rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required 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 holding out for highest dollar amount but also risking either losing the claim completely 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or only partially agrees 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 file a claim in court.
Choose the Successful Negligence Car Accident Attorney Near Me in Holbrook
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!