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Duties of a Non-Accident Personal Injury Lawyer Near Me:
Has a loved one or you been hurt either in an accident or by way of the neglect of someone? Sometimes problems can be dealt with through insurance or through a small claims case. Occasionally it can be best to drop it and get on with your life.
But there are times you need someone to get your back. Someone who will really gun for your cause. A person who can fight on your side. Those are the times you really should retain a Florence personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. But keeping calm and logical can be the difference between receiving the proper payment that you deserve or quitting the case feeling like you didn’t get what you wanted.
An experienced Florence personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even get the potential consequences of what might occur until talking with a professional. A legal adviser can help you see all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with the process of any possible claim.
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What is a Florence Non-Accident Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually hired to recover money or other financial means 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 start the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person might hire a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to your claim, and use all their possible resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation falls through, the legal professional may file a lawsuit in response. But what kinds of cases can a personal injury lawyer fight for?
A PIL usually handles a wide number of cases that fall into two main categories. 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 negligence or incompetence of another.
The other primary study of a PIL is the purposely executed tort case. An intentional tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of reasons for a personal injury case is essentially endless.
In addition, and in contrast to most other areas of the legal world, PILs usually work on a contingency fee basis. This means 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 otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 totally unacceptable that a claim will end up going to court.
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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is totally 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation in the near term rather than later. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything 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 the best situation for either. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Non-Accident Personal Injury Lawyer 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 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!