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Duties of a Slip and fall Injury Lawyer near Me:
Has a loved one or you become hurt in an accident or by way of the neglect of someone? Many times things can be determined through personal insurance or through a small claims court. If it is very minor it’s best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But perhaps you need someone to get your back. Someone who will really fight for your case. A person who can really fight on your side. Sometimes you really must have a Mesa personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back to your life before the incident occurred.
Being hurt by a crime, accident, or willful negligence is never a good time. It’s an emotional time, and being objective is very hard. However, keeping calm and logically oriented can be the difference between receiving the proper compensation that you deserve or going home with no money.
A successful Mesa personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even understand the facts of what could happen until speaking with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Mesa Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means 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 attorney is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation fails, the attorney could fie a lawsuit in response. But what cases could a personal injury lawyer take?
The PIL usually takes a wide 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, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other primary study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone purposefully 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 potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has won the case. It means that there should be 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 a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is completely aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses 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 put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not others or partially agrees to terms, 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 Mesa
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 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!