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Have you or a loved one been injured either in an accident or through the willful negligence of someone? Many times things can be determined through personal insurance or through a small claims case. Occasionally it can be probably best to drop it and move on.
But maybe you really could use someone to get your back. Someone that will really fight for you. A person who will really fight for your side. That’s when you really must have a Holbrook personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is not ever fun. It’s a very trying time, and seeing things objectively is challenging. But staying calm and collected can make the difference between receiving the best price or going home with your tail between your legs.
A great Holbrook 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 intense legal system. Most people may not even realize the potential consequences of what’s happening until speaking with a legal professional. A lawyer can help you see all of this objectively, determine the claim and whether or not they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Holbrook Emotional Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party may hire a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what cases would a personal injury lawyer take?
The PIL usually handles a large variety of cases that fall into two main 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 can be caused by 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 other primary field of a PIL is the intentional injustice case. An intentional tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal world, personal injury professionals 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 has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case may end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. Not only that, if anyone 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 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 just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. 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 taking the chance of either losing the claim completely 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 locating 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 defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Emotional Abuse 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 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!