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Has a loved one or you become injured in an accident or by way of the neglect of others? At times things can be worked out through personal insurance or through a small claims case. Occasionally it can be probably best to drop it and get on with your life because it may cause you more headache than it is worth .
But there are times you really need someone to get your back. Someone who will fight for you. A person who will really fight for your side. That’s when you really must have a Florence personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the injury occurred.
Being the victim of a crime, accident, or willful negligence is not fun. It’s a very trying time, and seeing things objectively is challenging. However, keeping cool and logical can make the difference between receiving the best compensation that you deserve or going home with no settlement.
An experienced Florence personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even understand the potential consequences of what could happen until discussing the matter with a professional. That person can help you realize all of this objectively, determine if a possible claim exists and if they can be of service, and help you move ahead with the process of any potential case.
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What is a Florence Emotional Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually retained to recover money 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 lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation fails, the legal professional will consider filing a lawsuit in response. But what cases can a personal injury attorney take on?
A PIL generally handles a large number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the intentional injustice case. A purposeful tort happens when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is basically endless.
In addition, unlike most other areas of law, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a 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 case 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment in the near term rather than later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum 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 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Emotional Abuse Lawyer Near Me 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 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!