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Duties of a Personal Injury Lawyer Near Me:
Has a loved one or you been hurt in an accident or through the neglect of others? Many times things can be settled by insurance or through a small claims court. Occasionally it’s a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But maybe you really need someone to take your side. Someone that will gun for your case. A person who will fight on your side. Then you really need a Holbrook personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life prior to when the incident happened.
Being victimized by a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing things objectively is difficult. However, keeping calm and logical can make the difference between getting the fair payment or going home with a situation that you will not like.
An experienced Holbrook personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what’s happening until conversing with a professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and whether they can be of service, and help you move ahead with any potential case.
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What is a Holbrook Personal Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover cash 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 another person, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person will hire a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to the case, and use all their potential resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation fails, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney fight for?
The PIL usually tackles a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other main study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these 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 do not get agreed upon or an offer is just flat-out refused that a case could potentially 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 several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is completely 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 settling the case will keep it on the down low. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone 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. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 the best situation. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or partially agrees to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Personal Injury Lawyer 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 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!