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What a Slip and fall Injury Lawyer near Me does:
Have you or a loved one been hurt in an accident or through the willful negligence of others? At times things can be resolved through personal insurance or through a small claims case. If it is not worth fighting for it can be best to drop it and move on because it may cause you more headache than it is worth fighting for.
But at times you need someone to take your side. Someone who will fight for your case. Someone who will fight on your side. Then you really should have a Marana personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back to your life prior to when the incident happened.
Being harmed by a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and seeing the situation objectively is difficult. However, staying cool and logically oriented can be the difference between receiving the best compensation or dropping the case with nothing.
An experienced Marana personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to navigate the ins and outs of our legal system. Most people may not even realize the potential consequences of what might occur until sitting down with a professional. A legal adviser can help you see all of this objectively, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Marana Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained 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 lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation fails, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take on?
A PIL generally takes a wide number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, and in contrast to most other fields of law, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim may end up going to court.
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 creates 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 may not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation 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 simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the 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 Tasks?
First they will take care of locating 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 defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or is in partial agreement, it will be up to the plaintiff 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 Marana
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!