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Things a Negligence Car Accident Attorney Near Me does:
Have you or a loved one been hurt in an accident or by way of the negligence of others? Sure, sometimes incidents can be dealt with by insurance or through a small claims case. If it is extremely minor it’s best to drop it and move forward because it may cause you more headache than it is worth fighting for.
But maybe you need someone to get your back. Someone that will gun for your case. A professional who can really fight for your side. Then you really should have a Florence personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury occurred.
Being hurt by a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is challenging. However, staying cool and collected can be the difference between getting the proper compensation that you deserve or going home with a situation that you will not like at all.
A successful Florence personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the facts of what could happen until discussing the matter with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and how they can help with your case, and help you move forward with the process of any potential claim.
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What is a Florence Negligence Car Accident Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation 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 attorney is usually hired to begin the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party might retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation fails, the legal professional may file a lawsuit in response. But what cases would a personal injury attorney take?
A PIL usually takes a large number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone purposefully 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 possible reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of the legal universe, personal injury attorneys almost always work on a contingency fee basis. This means 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation in the near term rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses whether or not to bring the case in front of a judge. 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 no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees to terms, 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 go to court.
Choose the Successful Negligence Car Accident Attorney 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!