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Duties of a Slip and fall Injury Lawyer near Me:
Have you or a loved one been hurt in an accident or through the neglect of others? At times issues can be determined through personal insurance or through a small claims case. Occasionally it’s a good idea to drop it and move on.
But perhaps you really need someone to take your side. Someone who will really fight for your cause. A person who can fight on your side. Then you really should have a Holbrook personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not a good time. It’s a very trying time, and being objective is nearly impossible. However, remaining cool and collected can be the difference between receiving the fair price or going home broke.
An experienced Holbrook personal injury professional can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the facts of what could happen until speaking with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Holbrook Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 attorney is usually hired to start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person may retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems arising from the injury, and more.
After the PIL has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to your claim, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response. But what kinds of cases can a personal injury lawyer take?
The PIL usually handles a wide number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second primary field of a PIL is the intentional wrongful case. An intentional tort happens when one person intentionally injures 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 potential reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other fields of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just 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 last steps of the process aren’t so simple. The injured party can 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 totally unacceptable that a claim may very well end up going to trial.
However, 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 costs. If the other party is totally aware that they are at fault for the incident that led to the claim, they would 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 DL. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation sooner rather than down the road. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, 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 accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the 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 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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the case in front of a judge. 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 to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Slip and fall Injury Lawyer near Me in Holbrook
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!