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What a Auto Accident Lawyers Near Me does:
Has a loved one or you become injured either in an accident or through the willful negligence of others? At times incidents can be determined by personal insurance or through a small claims court. Occasionally it can be probably a good idea to walk it off and get on with your life.
But perhaps you could use someone to get your back. Someone who will really gun for your cause. A person who can really fight on your side. Then you really should have a Florence personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is nearly impossible. But staying cool and logically oriented can be the difference between receiving the fair payment or quitting the case empty handed.
An experienced Florence personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of the legal system. Most people may not even understand the implications of the situation until conversing with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and whether they can help with your case, and help you move forward with any potential claim or case.
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What is a Florence Auto Accident Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally hired to recover money or other assets 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 attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL usually tackles a wide number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 uncaring state or incompetence of another.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim could potentially end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is totally 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation sooner rather than having to wait. Or they may simply 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 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 may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Auto Accident Lawyers Near Me in Florence
Here at DeLozier Law, we have many 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!