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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 through the negligence of others? Many times issues can be solved through insurance or through a small claims case. Occasionally it can be probably a good idea to drop it and move on.
But there are times you need someone to have your back. Someone who will gun for your cause. A person who can fight on your side. That’s when you really must have a Pima personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the incident occurred.
Being hurt in a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and being objective is nearly impossible. But staying cool and logically oriented can be the difference between getting the proper compensation that you deserve or quitting the case worse off than before.
A successful Pima personal injury professional can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even get the facts of what could happen until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and whether 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 Pima Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured person can hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation fails, the lawyer will consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL usually handles a wide variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other main field of a PIL is the purposely executed tort case. A purposeful tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome 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 these final steps of the process aren’t so simple. The injured party can send back a 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 totally unacceptable that a case will end up going to court.
However, 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 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 may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months or longer. Not only that, 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 down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant 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 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 further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Slip and fall Injury Lawyer near Me in Pima
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!