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Things a Slip and fall Injury Lawyer near Me does:
But sometimes you need someone to take your side. Someone who will fight for you. A professional who will really fight on your side. That’s when you really should have a Clarkdale personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being hurt in a crime, accident, or negligence is never fun. It’s an extremely trying time, and being objective is difficult. However, staying calm and logical can be the difference between getting the appropriate price that you deserve or dropping the case with no settlement.
An experienced Clarkdale personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our legal system. Many people may not even get the potential consequences of what could happen until sitting down with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Clarkdale Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial instruments from a person or legal entity for 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 begin the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party might retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents in relation to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
The PIL usually tackles a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. 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 intentional tort case. A purposeful tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is nearly endless.
In addition, which is different than pretty much all other fields of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins 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 an 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 getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may end up in 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is totally aware that they are at fault for the incident that led to the claim, they might 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 high profile people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment in the near term rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The accusing party 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 claim completely 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 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 opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Slip and fall Injury Lawyer near Me in Clarkdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!