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Duties of a Slip and fall Injury Lawyer near Me:
Have you or a loved one become injured either in an accident or through the willful neglect of others? Sure, sometimes incidents can be solved through personal insurance or through a small claims court. Occasionally it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But perhaps you really need someone to take your side. Someone who will really gun for your case. Someone who will really fight for your side. Sometimes you really need a Maricopa personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the incident occurred.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and seeing the situation objectively is challenging. But remaining calm and logical can be the difference between receiving the fair compensation or dropping the case broke.
A great Maricopa personal injury professional can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the facts of what could happen until discussing the matter with a professional. An attorney can help you realize 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 ahead with any possible case.
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What is a Maricopa Slip and fall Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 another person, a civil attorney is usually hired to start 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 party may retain a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents in relation to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation doesn’t work, the attorney can file a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
The PIL usually handles 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 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. An intentional tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other fields of law, 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 beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly 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 so simple. The injured party could 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 unacceptable that a claim can end up going to court.
However, it is rare 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 costs. If the other party is totally 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation in the near term rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 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 award a much lesser amount due to unknown circumstances pretrial.
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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, decides whether or not to push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the 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 go to court.
Choose the Successful Slip and fall Injury Lawyer near Me in Maricopa
Here at DeLozier Law, we have many 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!