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Duties of a Slip and fall Injury Lawyer near Me:
Has a loved one or you been hurt either in an accident or by way of the willful negligence of someone? Many times issues can be settled by personal insurance or through a small claims court. Occasionally it can be probably a good idea to forget about it and get on with your life.
But there are times you could use someone to get your back. Someone that will really gun for your case. A professional who will really fight on your side. That’s when you really must have a Superior personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the incident happened.
Being hurt by a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and being objective is difficult. However, staying cool and collected can be the difference between getting the proper payment or going home broke.
A successful Superior personal injury attorney can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. Many people may not even realize the implications of what could happen until speaking with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with any possible claim.
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What is a Superior Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually 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 attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person may retain a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation fails, the lawyer may consider filing a lawsuit in response. But what cases does a personal injury attorney accept?
A PIL generally takes a wide number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 someone.
The second main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully 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 basically endless.
In addition, and completely different from most other areas of the legal world, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case 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 variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the other party 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 DL. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation sooner rather than later. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 for the best. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of finding 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 required.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Slip and fall Injury Lawyer near Me in Superior
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!