Top Rated Body Injury Lawyer Near Me in Holbrook For 2024
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Duties of a Body Injury Lawyer Near Me:
Have you or a loved one become injured in an accident or through the willful negligence of others? Many times issues can be solved by insurance or through a small claims court. If it is not worth fighting for it’s a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But sometimes you need someone to have your back. Someone that will gun for you. Someone who will fight on your side. Sometimes you really should have a Holbrook personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the incident happened.
Being the victim of a crime, accident, or negligence is not fun. It’s an emotional time, and being objective is nearly impossible. However, remaining cool and logically oriented can be the difference between getting the proper payment that you deserve or going home empty handed.
An experienced Holbrook personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. Many people may not even realize the implications of what could happen until discussing the matter with a legal professional. An attorney can help you see all of this objectively, determine if a potential claim exists and how they can be of service, and help you move forward with any potential claim or case.
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What is a Holbrook Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 bring the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party might retain a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer accept?
The PIL usually tackles a large number of cases that can be divided 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 negligence or incompetence of a person.
The other main field of a PIL is the intentional tort case. An intentional tort happens when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of the legal universe, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could 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 totally unacceptable that a claim could potentially end up going to 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 unneeded legal costs. If the defending party is fully 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 settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award sooner rather than having to wait. Or they may simply not want to finish the never-ending 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 accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case 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 gathering 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 may attempt to negotiate a settlement, and depending on how the negotiation worked out, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Body Injury Lawyer Near Me in Holbrook
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!