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Duties of a Slip and fall Injury Lawyer near Me:
Has a loved one or you been hurt either in an accident or by way of the willful negligence of someone? There are times issues can be resolved through insurance or through a small claims case. Every once in a while it’s a good idea to walk it off and move forward.
But perhaps you could use someone to take your side. Someone that will really gun for you. A person who will fight on your side. Then you really need a Glendale AZ personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is never a good time. It’s an extremely trying time, and being objective is nearly impossible. However, staying calm and collected can make the difference between receiving the best price that you deserve or quitting the case feeling like you didn’t get what you wanted.
A great Glendale AZ personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even fully realize the potential consequences of the situation until speaking with a legal professional. An attorney can help you realize all of this objectively, determine if a potential claim exists and whether they can help with your case, and help you move ahead with any potential case.
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What is a Glendale AZ Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 bring the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person will retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to your claim, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation falls through, the lawyer may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney accept?
The PIL generally takes a large variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 uncaring state or incompetence of someone else.
The second primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is nearly endless.
In addition, and completely different from most other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the 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 so simple. The injured party could send back a counteroffer if they feel they are not receiving 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 going to trial.
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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is fully aware that they are at fault for the incident that led to the claim, they may 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 low profile. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may just not want to finish the ridiculously long 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 the best situation for either. The accusing party 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 court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
First they will take care of gathering 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not 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 all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine 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 Glendale AZ
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!