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Duties of a Body Injury Lawyer Near Me:
Has a loved one or you been injured either in an accident or through the neglect of others? At times incidents can be dealt with through insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and get on with your life.
But there are times you really need someone to get your back. Someone that will gun for your cause. A person who can fight on your side. That’s when you really must have a Florence personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing things objectively is difficult. But staying cool and logical can make the difference between getting the appropriate price or going home with no money.
A successful Florence personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Many people may not even realize the full breadth of what might occur until conversing with a legal professional. A lawyer can help you realize all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Florence Body Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 bring the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person can retain a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation fails, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer accept?
The PIL generally handles a wide number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 else.
The second primary field of a PIL is the intentional injustice case. A purposeful tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the possible causes for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of the legal universe, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only 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 so simple. The injured party can 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 totally unacceptable that a claim can end up going to trial.
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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is 100% 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 on the down low. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award as soon as possible rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
And lastly, 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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built 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 attempts to negotiate a settlement, and depending on how the negotiation turns out, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Body Injury Lawyer Near Me in Florence
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!