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Duties of a Car Accident Lawyer:
But sometimes you could use someone to take your side. Someone who will really gun for your case. Someone who can really fight on your side. Those are the times you really should have a Holbrook personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life before the injury happened.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But remaining cool and logical can be the difference between receiving the best payment that you deserve or quitting the case a permanently awful situation.
An experienced Holbrook personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even get the potential consequences of the situation until speaking with a legal professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and if they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Holbrook Car Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets 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 retained by the defendant. In the case of bodily injury, the injured person will retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney fight for?
A PIL generally handles a large variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is pretty much endless.
In addition, which is different than most other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. This means 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 only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case could potentially end up in court.
However, it is unusual 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 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. 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 bring unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award in the near term 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 everything else that is necessary to beat the claim.
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 in the best interest of either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
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 complete detail of what occurred, 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 turns out, chooses if they will push to bring the claim to court. This is determined by how much the defendant 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 no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Car Accident Lawyer in Holbrook
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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 602-464-9666!