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Things a Slip and fall Injury Lawyer near Me does:
Has a loved one or you been hurt either in an accident or by way of the willful negligence of someone? Many times things can be resolved through personal insurance or through a small claims case. Every once in a while it can be probably best to forget about it and move on.
But maybe you really could use someone to take your side. Someone that will really gun for your case. A person who can really fight for your side. Sometimes you really should have a Arizona personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the injury happened.
Being harmed by a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and being objective is nearly impossible. However, keeping cool and logical can be the difference between getting the fair payment that you deserve or going home feeling like you should have gotten a more appropriate solution.
An experienced Arizona personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even understand the potential consequences of what might occur until conversing with a professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with any potential claim or case.
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What is a Arizona Slip and fall Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured party may retain a personal injury professional when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation fails, the lawyer may file a lawsuit in response. But what kinds of cases could a personal injury attorney fight for?
A PIL usually handles a wide variety of cases falling 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 carelessness or incompetence of another.
The second primary field of a PIL is the intentional wrongful case. An intentional tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of law, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a personal injury claim can end up in court.
But 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party 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 provide 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 large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish 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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
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 trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees, it will be up to the plaintiff to decide 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 Arizona
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!