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Duties of a Slip and fall Injury Lawyer near Me:
Have you or a loved one become injured in an accident or by way of the neglect of someone? Sure, sometimes issues can be solved through personal insurance or through a small claims case. Every once in a while it’s probably best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you need someone to get your back. Someone that will really gun for you. A person who will fight for your side. That’s when you really should retain a Apache County personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life before the incident happened.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and being objective is very hard. However, keeping calm and logical can make the difference between receiving the proper compensation or going home with a situation you will never recover from.
A great Apache County personal injury professional 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. If you are like most people, you may not even realize the implications of what could happen until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move ahead with the process of any possible case.
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What is a Apache County Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena 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 on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to your claim, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney accept?
The PIL usually handles a large number of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 purposefully perpetrated wrongful case. An intentional tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a personal injury claim could potentially end up in court.
However, it is unusual 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 unnecessary 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 award much larger damages.
Secondly, a settling the case will keep it on the down low. 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 provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation sooner rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
And finally, 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 plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Slip and fall Injury Lawyer near Me in Apache County
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 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!