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What a Car Accidents Caused by Negligence Lawyer does:
Has a loved one or you been hurt either in an accident or through the willful negligence of others? At times things can be resolved by insurance or through a small claims case. If it is extremely minor it’s probably best to forget about it and get on with your life.
But there are times you really could use someone to have your back. Someone that will gun for your case. A person who can really fight on your side. Those are the times you really must have a Florence personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the incident happened.
Being harmed by a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and being objective is hard. But remaining calm and logical can make the difference between getting the appropriate price that you deserve or leaving the case worse off than before.
A successful Florence personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. Most people may not even get the full breadth of the situation until conversing with a professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and whether or not they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Florence Car Accidents Caused by Negligence Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually 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 a person brings a civil action suit against another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured party may retain a personal injury professional when said dispute involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information 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 your case, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation fails, the attorney can file a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL usually takes a wide number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional 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 similar situations. Really the possible reasons for a personal injury case is basically endless.
In addition, and completely different from most other fields of law, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim can end up in front of a judge.
However, 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. 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 provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required 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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation turned out, decides if they will bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Car Accidents Caused by Negligence Lawyer in Florence
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!