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Duties of a Slip and fall Injury Lawyer near Me:
Have you or a loved one been hurt in an accident or by way of the neglect of someone? Many times things can be solved by insurance or through a small claims case. Occasionally it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But sometimes you need someone to get your back. Someone that will really fight for your cause. Someone who will really fight for your side. Sometimes you really should retain a Nogales personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the incident happened.
Being hurt by a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and being objective is very hard. However, remaining calm and collected can make the difference between receiving the best compensation or dropping the case feeling incompetent.
An experienced Nogales personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even realize the potential consequences of what’s happening until talking with a professional. That person 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 any potential claim or case.
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What is a Nogales Slip and fall Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash 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 lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems arising from the injury, and other possible costs.
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 found, get any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what cases would a personal injury attorney take on?
The PIL generally handles a large number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 negligence or incompetence of another person.
The second main study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person willfully injures 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 causes for a personal injury case is basically endless.
In addition, and completely different from most other areas of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim could potentially end up in front of a judge.
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 unnecessary legal fees. If the liable party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. 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 compensation as soon as possible rather than later. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
And lastly, 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the case in front of a judge. 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 is in partial agreement 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 go to court.
Choose the Successful Slip and fall Injury Lawyer near Me in Nogales
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 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!