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Have you or a loved one been hurt either in an accident or by way of the negligence of others? Many times problems can be settled through insurance or through a small claims case. Occasionally it can be probably a good idea to drop it and move forward.
But at times you need someone to take your side. Someone that will gun for your cause. Someone who will fight for your side. Those are the times you really should retain a Holbrook personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing things objectively is nearly impossible. But keeping cool and logical can make the difference between receiving the fair payment that you deserve or leaving the case feeling like you should have gotten a better deal.
A Holbrook personal injury professional can act as a buffer between you and the challenging situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what might occur until conversing with a professional. An attorney can help you see all of this objectively, determine if a potential claim exists and whether they can be of service, and help you move forward with any possible case.
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What is a Holbrook Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally hired to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party may retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents in relation to your claim, and use all their 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 legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney fight for?
The PIL generally tackles a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main study of a PIL is the intentional injustice case. A purposeful tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is basically endless.
In addition, unlike most other areas of the legal world, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving 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 trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable 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 well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award as soon as possible rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 the best situation for either. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum 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 PIL Duties?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation turns out, chooses whether or not to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Holbrook
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!