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Duties of a Wrongful Death Lawyer Near Me:
Has a loved one or you become hurt either in an accident or through the negligence of others? Sometimes incidents can be settled through insurance or through a small claims case. Every once in a while it’s best to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But sometimes you really need someone to get your back. Someone who will gun for you. A person who can fight for your side. That’s when you really need a Florence personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life before the injury happened.
Being harmed by a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and being objective is difficult. But staying calm and logical can be the difference between getting the fair compensation that you deserve or quitting the case with no recourse.
An experienced Florence personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even realize the potential consequences of the situation until sitting down with a legal professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move forward with the process of any potential case.
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What is a Florence Wrongful Death Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer may consider filing a lawsuit in response. But what cases would a personal injury lawyer take?
A PIL usually tackles a wide variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The second primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely 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 necessarily easy. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may end up in court.
But it is unusual 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 defendant is 100% 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may simply not want to go through 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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 legal professional 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 suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Wrongful Death Lawyer Near Me in Florence
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!