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Things a Slip and fall Injury Lawyer near Me does:
Have you or a loved one been injured in an accident or by way of the negligence of others? Sometimes incidents can be resolved through personal insurance or through a small claims case. Occasionally it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really need someone to have your back. Someone who will gun for you. A professional who can really fight on your side. Those are the times you really should have a Cottonwood personal injury professional 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 prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is difficult. But staying cool and logical can make the difference between getting the best compensation that you deserve or dropping the case empty handed.
A Cottonwood personal injury professional can act as a buffer between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. Most people may not even realize the facts of what’s happening until discussing the matter with a professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move forward with any potential case.
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What is a Cottonwood Slip and fall Injury Attorney?
To start, 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 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 attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party will 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 other possible costs.
After the legal professional has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all their available resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response. But what kinds of cases can a personal injury attorney accept?
The PIL usually tackles a large variety of cases that can be separated 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. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary study of a PIL is the intentional wrongful case. An intentional tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of law, personal injury attorneys almost 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 is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 unacceptable that a case could potentially end up in front of a judge.
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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely aware that they are at fault for the incident that led to the claim, they would 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 down low. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment sooner rather than having to wait. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Slip and fall Injury Lawyer near Me in Cottonwood
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!