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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 through the neglect of others? Many times incidents can be resolved through personal insurance or through a small claims case. If it is extremely minor it can be probably best to walk it off and move forward.
But at times you could use someone to get your back. Someone that will really fight for you. A person who will really fight on your side. Then you really should retain a Flagstaff personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life before the incident occurred.
Being harmed by a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and seeing things objectively is difficult. But keeping cool and collected can be the difference between getting the best payment or leaving the case a permanently awful situation.
A great Flagstaff personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of our intense legal system. Many people may not even get the facts of what might occur until talking with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with the process of any potential claim.
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What is a Flagstaff Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party will hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from 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 everything for the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response. But what cases can a personal injury lawyer fight for?
A PIL generally takes a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, 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 negligence or incompetence of someone.
The other primary study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, separate from most other fields of the legal universe, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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 totally unacceptable that a claim may 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant 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 settlement can help keep the case on the DL. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial award as soon as possible rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push 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 everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not others or only partially agrees to terms, 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 file a claim in court.
Choose the Successful Slip and fall Injury Lawyer near Me in Flagstaff
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 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!