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Duties of a Slip and fall Injury Lawyer near Me:
Has a loved one or you been injured either in an accident or through the willful neglect of someone? Many times things can be settled through personal insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and move forward because it may cause you more headache than it is worth spending your time on.
But sometimes you really could use someone to have your back. Someone that will gun for you. Someone who will really fight for your side. Then you really should have a Pima County personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident occurred.
Being victimized by a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and seeing things objectively is hard. But keeping calm and logically oriented can make the difference between receiving the proper price that you deserve or going home feeling like you didn’t get what you wanted.
An experienced Pima County personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even get the full breadth of what’s happening until conversing with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move forward with the process of any potential case.
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What is a Pima County Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person may retain a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and more.
After the attorney has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather 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 falls through, the attorney can file a lawsuit in response. But what cases would a personal injury attorney take?
A PIL generally takes a large variety of cases that can be divided 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. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary study of a PIL is the intentional injustice case. An intentional tort occurs when one person willfully hurts another person. This includes 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 nearly endless.
In addition, which is different than pretty much all other fields of the legal world, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely 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 the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim will 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is 100% 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of 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 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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turns out, decides whether or not to push to bring the claim to trial. 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 to all terms, 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 partially agrees, it will be up to the plaintiff 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 Pima County
Here at DeLozier Law, we have over 4 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!