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Things a Personal Injury Lawyer Near Me does:
Have you or a loved one been injured in an accident or by way of the willful negligence of others? There are times problems can be worked out by personal insurance or through a small claims court. If it is not worth fighting for it’s probably a good idea to walk it off and move forward.
But maybe you really could use someone to take your side. Someone that will gun for your cause. Someone who can really fight for your side. Then you really should have a Florence personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life before the injury happened.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an emotional time, and seeing the situation objectively is challenging. But staying calm and logical can make the difference between getting the fair payment or going home with no settlement.
An experienced Florence personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even get the facts of what might occur until talking with a legal professional. That person can help you see all of this objectively, determine if a potential claim exists and whether they can help with your case, and help you move forward with any potential claim or case.
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What is a Florence Personal Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party might retain a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
A PIL usually handles a wide number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The other primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in an 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim may 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is fully 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award sooner rather than later. Or they may just 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 for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest 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 locating 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 defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not 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 everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or only is in partial agreement to terms, 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 file a claim in court.
Choose the Successful Personal Injury Lawyer Near Me in Florence
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!