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Duties of a Non-Accident Personal Injury Lawyer Near Me:
But there are times you need someone to take your side. Someone that will gun for your cause. A person who will really fight on your side. Then you really should have a Holbrook personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not ever fun. It’s an emotional time, and seeing things objectively is difficult. But staying cool and collected can make the difference between receiving the appropriate payment or quitting the case with no settlement.
A successful Holbrook personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even fully realize the implications of the situation until discussing the matter with a professional. That person can help you see all of this objectively, determine if a claim exists and whether 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 Non-Accident Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person could retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer fight for?
A PIL generally tackles a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 another person.
The other primary field of a PIL is the intentional tort case. An intentional tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other fields of the legal world, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins 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 Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can 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 will end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully 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 down low. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy 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 may want financial payment in the near term rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, 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 for the best. The accusing party would rather settle for a little 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 give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Non-Accident Personal Injury Lawyer Near Me in Holbrook
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!