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What a Slip and fall Injury Lawyer near Me does:
But at times you really need someone to take your side. Someone who will gun for your case. A professional who can really fight on your side. Sometimes you really should have a Queen Creek personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life before the injury happened.
Being hurt in a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. However, staying cool and logical can be the difference between getting the fair price or going home with no money.
A great Queen Creek personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even comprehend the breadth of what could happen until sitting down with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move forward with any possible claim or case.
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What is a Queen Creek Slip and fall Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person might retain a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to your claim, and use all their possible resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what cases could a personal injury lawyer accept?
A PIL generally handles a wide variety of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other main study of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when one person purposefully injures another person. This includes 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 in contrast to most other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins 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 a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a 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 case will 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation sooner rather than later. Or they may simply not want to complete the exhausting 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 in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. 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 terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Slip and fall Injury Lawyer near Me in Queen Creek
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!