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Has a loved one or you been hurt either in an accident or through the negligence of someone? Many times things can be dealt with by insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and get on with your life.
But at times you could use someone to take your side. Someone that will gun for you. A professional who can really fight for your side. Those are the times you really need a Florence personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing things objectively is difficult. But keeping cool and collected can be the difference between receiving the appropriate compensation or going home with a situation you will never recover from.
A successful Florence personal injury professional can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even get the full breadth of the situation until speaking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Florence Sexual Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 start the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party might hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to your claim, and use all their potential resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases could a personal injury lawyer accept?
A PIL usually tackles a wide number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second primary study of a PIL is the intentional injustice case. A purposeful tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of causes for a personal injury case is nearly endless.
In addition, which is different than nearly all other areas of law, 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 is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim will end up in front of a judge.
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 unneeded legal costs. If the party that is liable is fully 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. 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 a legal battle.
And lastly, settlement allows the plaintiff 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 a little less in a guaranteed win. This, versus holding out for maximum 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 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 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 suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or partially agrees 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 Sexual 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 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!