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Things a Slip and fall Injury Lawyer near Me does:
Has a loved one or you become injured in an accident or by way of the neglect of others? Sure, sometimes issues can be determined through personal insurance or through a small claims court. If it is extremely minor it can be probably best to walk it off and move forward because it may cause you more headache than it is worth .
But there are times you need someone to get your back. Someone that will gun for your cause. Someone who will fight on your side. Those are the times you really should retain a Fountain Hills personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the incident happened.
Being hurt by a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and being objective is nearly impossible. But staying cool and collected can be the difference between receiving the proper price that you deserve or leaving the case feeling like you didn’t get what you wanted.
A Fountain Hills personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Many people may not even realize the breadth of what could happen until sitting down with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with any possible claim or case.
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What is a Fountain Hills Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the legal professional has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take?
A PIL generally takes a large number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other main field of a PIL is the purposely executed injustice case. A purposeful tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, which is different than most other fields of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen 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 in their eyes a fair 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 will end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is fully 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. 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 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL 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 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 required.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to 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. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine 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 Fountain Hills
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!