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What a Slip and fall Injury Lawyer near Me does:
But at times you could use someone to take your side. Someone that will really fight for your cause. A professional who can really fight for your side. Those are the times you really must have a Kearny personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever a good time. It’s an emotional roller coaster, and seeing things objectively is very hard. But remaining calm and logically oriented can make the difference between getting the fair compensation or quitting the case with no money.
A great Kearny personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even comprehend the potential consequences of what might occur until conversing with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and whether they can help with your case, and help you move forward with the process of any potential claim.
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What is a Kearny Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are usually retained to recover money or other financial instruments 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 begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person may retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems caused by the injury, and more.
After the legal professional has been retained, they will gather everything 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 your case, and use all their available resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer take on?
A PIL generally takes a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by 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.
The second main field of a PIL is the purposely executed injustice case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is nearly endless.
In addition, and completely different from most other fields of law, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. 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 last steps of the process aren’t necessarily easy. The injured party can send back a 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 claim can end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable 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 DL. This is especially important for high profile people or large high profile companies. A big 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 privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to go through the ridiculously long 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 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 Tasks?
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 lawyer has formed 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court 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 Kearny
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!