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Things a Auto Accident Lawyers Near Me does:
Has a loved one or you become hurt either in an accident or through the willful negligence of others? Sure, sometimes issues can be settled through insurance or through a small claims court. Every once in a while it can be a good idea to forget about it and get on with your life.
But sometimes you really could use someone to take your side. Someone that will gun for your cause. Someone who will fight on your side. Then you really should retain a Holbrook personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury occurred.
Being hurt by a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is challenging. However, keeping cool and logically oriented can make the difference between getting the fair price or dropping the case with your tail between your legs.
A Holbrook personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. Many people may not even fully realize the breadth of what’s happening until speaking with a legal professional. That person can help you realize all of this objectively, determine the claim and how they can be of service, and help you move forward with the process of any possible claim.
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What is a Holbrook Auto Accident Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally hired to recover money 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 bring the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person will hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take on?
The PIL usually tackles a large variety of cases that can be separated 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. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is essentially endless.
In addition, unlike pretty much all other fields of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be 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 Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may very well end up in front of a judge.
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 unneeded legal fees. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they might 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 on the DL. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment in the near term rather than later. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. 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 partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Auto Accident Lawyers 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 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!