Top Rated Slip and fall Injury Lawyer near Me in Gilbert For 2024
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What a Slip and fall Injury Lawyer near Me does:
Have you or a loved one become hurt in an accident or by way of the willful negligence of someone? Sometimes issues can be resolved by insurance or through a small claims case. Occasionally it’s probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you need someone to take your side. Someone who will fight for your case. Someone who will really fight on your side. That’s when you really should have a Gilbert personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the injury happened.
Being victimized by a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is very hard. But remaining cool and logical can make the difference between receiving the proper payment that you deserve or going home feeling horrible.
A Gilbert personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Many people may not even get the full breadth of what might occur until talking with a legal professional. That person can help you realize all of this objectively, determine if a possible claim exists and if 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 Gilbert Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash 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 attorney is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents related to the case, and use all potential resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation fails, the attorney could fie a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
The PIL generally handles a large 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 carelessness or incompetence of another.
The second main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal universe, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may very well end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible rather than later. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And finally, 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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Slip and fall Injury Lawyer near Me in Gilbert
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!