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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 through the willful negligence of someone? Sure, sometimes incidents can be worked out by insurance or through a small claims case. If it is very minor it can be probably best to drop it and move on.
But sometimes you could use someone to have your back. Someone that will fight for you. A professional who will really fight for your side. That’s when you really should retain a Phoenix personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and being objective is very hard. But staying cool and collected can be the difference between getting the appropriate compensation that you deserve or dropping the case feeling incompetent.
An experienced Phoenix personal injury professional can act as an advocate 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 facts of the situation until discussing the matter with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and how they can help with your case, and help you move forward with any potential case.
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What is a Phoenix Slip and fall Injury Attorney?
To start, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually retained to recover money or other valuables 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 someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation fails, the legal professional may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
The PIL generally handles a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 carelessness or incompetence of a person.
The other main field of a PIL is the purposely executed tort case. An intentional tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is basically endless.
In addition, separate from nearly all other areas of law, personal injury attorneys 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 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 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 personal injury claim may very well end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is fully 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 settlement can help keep the case 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 anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment sooner rather than having to wait. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, 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 would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, 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, the ball is then put back in the plaintiff’s court 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 Phoenix
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 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!