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Duties of a Slip and fall Injury Lawyer near Me:
Have you or a loved one been injured either in an accident or through the negligence of others? Sometimes incidents can be solved through insurance or through a small claims court. Every once in a while it can be probably a good idea to forget about it and move forward.
But maybe you really need someone to have your back. Someone who will really fight for you. A professional who will really fight on your side. That’s when you really should retain a Paradise Valley personal injury professional that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is never fun. It’s an emotional time, and being objective is hard. However, staying cool and collected can be the difference between receiving the best payment that you deserve or quitting the case with your tail between your legs.
An experienced Paradise Valley personal injury professional can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of the legal system. Most people may not even understand the breadth of what could happen until speaking with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move ahead with the process of any potential case.
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What is a Paradise Valley Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets 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 initiate the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party can hire a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
The PIL usually handles a wide variety of cases that can be separated into two primary groups. 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 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 someone else.
The second primary field of a PIL is the intentional wrongful case. An intentional tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, unlike pretty much all other areas of law, personal injury lawyers almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting 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 may very well 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 unnecessary legal costs. If the other party is completely 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment sooner 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 finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 what either party wants. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation turned out, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to decide 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 Paradise Valley
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!