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Have you or a loved one become hurt in an accident or by way of the neglect of someone? Sure, sometimes incidents can be dealt with through insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But at times you really could use someone to get your back. Someone that will gun for you. Someone who can fight for your side. Then you really need a Florence personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life before the incident occurred.
Being the victim of a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and being objective is hard. But keeping calm and logical can make the difference between receiving the fair price that you deserve or going home feeling like you should have gotten a more appropriate solution.
An experienced Florence personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even comprehend the full breadth of what might occur until speaking with a professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and how they can be of service, and help you move forward with any possible claim.
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What is a Florence Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally 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 someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury professional when said claim involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents in relation to the case, and use all potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation fails, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
The PIL usually handles a wide number of cases falling into two main fields. 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 at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other main field of a PIL is the purposely executed tort case. An intentional tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is nearly endless.
In addition, unlike pretty much all other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates 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 might 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 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 provide unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award sooner rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 in the best interest of either party. The accusing party would 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.
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 attorney 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 lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. 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 only 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 Elder Abuse 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!