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Duties of a Common Carrier Accident Injury Lawyer Near Me:
Have you or a loved one been injured in an accident or by way of the negligence of others? Sometimes things can be solved through personal insurance or through a small claims case. Every once in a while it can be probably best to walk it off and get on with your life.
But maybe you could use someone to take your side. Someone that will really fight for your case. A professional who can really fight on your side. That’s when you really should have a Holbrook personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s an extremely trying time, and seeing things objectively is hard. But remaining calm and collected can be the difference between receiving the proper price that you deserve or going home feeling horrible.
An experienced Holbrook personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Many people may not even realize the implications of what could happen until sitting down with a professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and whether or not they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Holbrook Common Carrier Accident Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, 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 a person brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what cases would a personal injury lawyer fight for?
A PIL generally handles a large number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other main study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal universe, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the 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 can 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 variety of reasons:
First, a settlement lends itself to 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 probably do 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 publicly 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 all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, 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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation turns out, chooses if they will push to bring the claim 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 everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Common Carrier Accident Injury Lawyer Near Me in Holbrook
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 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!