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Have you or a loved one become hurt either in an accident or through the willful negligence of others? There are times incidents can be determined through personal insurance or through a small claims case. Occasionally it’s probably a good idea to forget about it and get on with your life.
But there are times you really could use someone to get your back. Someone that will gun for you. A professional who will fight for your side. Then you really should retain a Holbrook personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury occurred.
Being hurt by a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing things objectively is very hard. But remaining cool and logical can make the difference between getting the best price or dropping the case worse off than before.
A great Holbrook personal injury legal representative can act as a buffer between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even fully realize the implications of what might occur until conversing with a legal professional. An attorney can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move ahead with the process of any potential claim.
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What is a Holbrook Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person might retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take?
The PIL generally takes a large variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of the legal world, PILs almost always work on a contingency fee basis. This means 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 any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final 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 unacceptable that a case could potentially end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for 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 award in the near term rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 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 opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation worked out, chooses whether or not to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer 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!