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Duties of a Hurt in a Wreck Lawyer:
Have you or a loved one been injured either in an accident or by way of the neglect of others? At times issues can be worked out through insurance or through a small claims case. If it is very minor it’s probably best to drop it and get on with your life because it may cause you more headache than it is worth .
But perhaps you really could use someone to take your side. Someone who will fight for your cause. Someone who will really fight on your side. That’s when you really need a Florence personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury happened.
Being harmed by a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and seeing the situation objectively is very hard. But staying cool and logically oriented can make the difference between getting the appropriate payment or quitting the case with no settlement.
A Florence personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our legal system. Many people may not even fully realize the facts of what could happen until sitting down with a legal professional. A lawyer can help you realize all of this objectively, determine the claim and whether or not they can help with your case, and help you move forward with any potential claim.
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What is a Florence Hurt in a Wreck Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems caused by the injury, and more.
After the lawyer has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation falls through, the attorney can file a lawsuit in response. But what cases could a personal injury attorney fight for?
A PIL usually handles 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 neglect, and wrongful death cases. Wrongful death can be 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 primary field of a PIL is the intentional injustice case. A purposeful tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of law, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a 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 case may end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is 100% aware that they are at fault for the incident that led to the claim, they may 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 publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation for either. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Hurt in a Wreck Lawyer in Florence
Here at DeLozier Law, we have many 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!