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What a Slip and fall Injury Lawyer near Me does:
But at times you really could use someone to take your side. Someone who will really fight for your case. Someone who can fight on your side. Those are the times you really should have a Coconino County personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life before the injury happened.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, remaining cool and logical can be the difference between getting the best compensation or going home with a situation that you will not like at all.
An experienced Coconino County personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. Many people may not even realize the implications 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 whether or not they can be of service, and help you move forward with the process of any potential case.
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What is a Coconino County Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party may hire a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and more.
After the legal professional has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response. But what cases can a personal injury attorney fight for?
The PIL generally handles a large number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other main field of a PIL is the intentional injustice case. An intentional tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other fields of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a 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 just flat-out refused that a personal injury claim may end up in front of a judge.
However, it is rare 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 defendant 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 give much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award in the near term rather than later. Or they may just not want to finish the exhausting 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for 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 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case in front of a judge. This is determined by how much the other party 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 no reason to go to trial. If the other party agrees to some terms but not all of them or only 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 Coconino County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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 602-464-9666!