Top Rated Wrongful Death Lawyer Near Me in Holbrook For 2024
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Duties of a Wrongful Death Lawyer Near Me:
Have you or a loved one become injured in an accident or by way of the willful negligence of someone? Sure, sometimes things can be dealt with by insurance or through a small claims court. Every once in a while it can be probably a good idea to forget about it and move forward.
But maybe you need someone to have your back. Someone who will really fight for your cause. Someone who will 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 financial and individually, so you can get back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and being objective is difficult. However, staying calm and collected can be the difference between receiving the appropriate compensation or going home with no settlement.
An experienced Holbrook personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what might occur until sitting down with a professional. That person can help you realize all of this in a more objective light, determine the claim and whether or not they can be of service, and help you move forward with any possible case.
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What is a Holbrook Wrongful Death Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category 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 a person brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the lawyer could fie a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
A PIL usually takes a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main field of a PIL is the intentional wrongful case. A purposeful tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of the legal universe, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable 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 many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation sooner rather than later. Or they may simply not want to finish the ridiculously long 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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for 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 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death 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!