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The Other Party’s Guilt

When someone has been the victim of another person’s negligence or call it carelessness, this is the best time to contact a personal injury attorney.

Negotiating a settlement in a personal injury case is a tricky thing to do, and something a person is not able to do themselves, particularly when it comes to very serious, life altering and long-term injuries. Compensation for these kinds of injuries is based on many things and often is subjective to each case. Only an experienced personal injury attorney has the capabilities to be able to handle this kind of case.

When considering filing a personal injury case, don’t wait around until the wounds have either partially or totally healed. Time is of the essence in cases such as this, and the more time that lapses from the accident until the time a suit is filed can result in memories getting fuzzy, important evidence becoming lost, and the ever-looming statute of limitations coming close to or having already run out. These are things a victim needs to know in order to move forward with their lives after a horrific accident. Waiting will only make matters worse.

Generally speaking, most states have a provision that lets victims take legal action for a year or two after an accident, but not after the time has expired. Make sure this is one of the first things discussed with a personal injury attorney if any time has gone by before seeking legal counsel. Make sure all the pertinent details are jotted down, because this is one of the first things a victim will be asked. A good attorney knows that not all cases may stand up in a court of law. They are only able to determine that when they hear everything that happened to cause the injuries in question.

Don’t hold back any details, including any culpability that may be evident on both sides of the equation. An experienced personal injury attorney has pretty much seen and heard it all when it comes to hearing about accidents and their causes. The devil is in the details when it comes to cases like this, and everything that happened is important for the attorney to know and understand. This is how they are able to decide if the other party is responsible for the injury (or death) and can be held liable by a court of law for the accident in question.
Most personal injury attorneys work on what is called a contingency fee, meaning if there is no negotiated settlement or court award, then the client does not pay for the services. There is no point in wasting time trying to put together a court case if the facts of the case don’t warrant doing so.

In personal injury cases it’s the victim that must prove the guilt of the other person involved in the case. This is often a tough row to hoe, as most “other” parties to a serious personal injury accident make protesting their innocence a single-minded occupation. It’s up to the personal injury attorney, with the facts in hand and accompanied by the evidence, to prove the “other” party was reckless or negligent.

There are instances where cases may be settled out of court, which is sometimes a major bonus, as it saves time and money. This is where the negotiation skills of an experienced personal injury attorney come into play to obtain a settlement for pain and suffering, medical bills, lost wages, and other therapy needed.
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The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

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