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Duties of a Slip and fall Injury Lawyer near Me:
Have you or a loved one been injured either in an accident or through the willful neglect of others? Sure, sometimes things can be worked out by insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But there are times you could use someone to take your side. Someone who will really gun for you. A professional who can really fight for your side. Then you really should have a Carefree personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and seeing things objectively is very hard. However, remaining cool and logically oriented can be the difference between receiving the fair compensation or dropping the case with nothing.
A Carefree 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 intense legal system. Most people may not even comprehend the potential consequences of what’s happening until discussing the matter with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move forward with the process of any possible claim.
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What is a Carefree Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 lawyer is usually hired to initiate the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents related to your case, and use all their 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 that negotiation fails, the lawyer may consider filing a lawsuit in response. But what cases does a personal injury attorney take on?
The PIL generally handles a wide 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, automobile 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 other main field of a PIL is the purposely executed wrongful case. An intentional tort happens when someone intentionally 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 pretty much endless.
In addition, which is different than most other fields of law, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 case could potentially end up going to court.
However, 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 unnecessary legal costs. If the defending party is completely 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke 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. Extended court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation as soon as possible rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the 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.
What are the PIL Duties?
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. 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 only partially agrees to terms, the ball is then put back in the plaintiff’s court 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 Carefree
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 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!