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Things a Slip and fall Injury Lawyer near Me does:
Have you or a loved one been injured either in an accident or through the willful negligence of someone? There are times incidents can be dealt with by insurance or through a small claims court. Every once in a while it’s probably best to drop it and get on with your life.
But maybe you really could use someone to take your side. Someone that will really gun for your case. A professional who will fight for your side. Those are the times you really should have a Avondale personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and seeing things objectively is difficult. However, staying calm and logically oriented can be the difference between getting the appropriate compensation or going home with no recourse.
A great Avondale personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. Many people may not even comprehend the facts of what might occur until conversing with a professional. An attorney can help you see all of this objectively, determine if a claim exists and whether or not they can be of service, and help you move forward with any possible claim or case.
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What is a Avondale Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person will retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents related to the claim, and use all potential resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional can file a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
The PIL usually handles a large number of cases that can be divided into two primary groups. 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 person.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is basically endless.
In addition, unlike most other areas of the legal world, PILs almost 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 beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could Happen in an 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 getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim may very well end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is 100% 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 settlement can help keep the case low profile. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment sooner 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 just not want to go through 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 the best situation for either. The accusing party would 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 award a much lesser amount.
What are the PIL 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 attorney 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 how the negotiation turns out, decides whether or not 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 all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or partially agrees to terms, the ball is then put back in the plaintiff’s court 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 Avondale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!