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What a Slip and fall Injury Lawyer near Me does:
Have you or a loved one become hurt in an accident or by way of the negligence of someone? At times things can be solved through insurance or through a small claims case. If it is very minor it can be probably a good idea to forget about it and move on.
But maybe you need someone to have your back. Someone who will gun for your cause. Someone who will really fight on your side. That’s when you really must have a Sahuarita 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 injury happened.
Being unwillingly involved in a crime, accident, or negligence is never fun. It’s an extremely trying time, and being objective is challenging. But remaining calm and logical can be the difference between receiving the best price or going home a permanently awful situation.
An experienced Sahuarita personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. Many people may not even realize the implications of what could happen until sitting down with a professional. That person can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with any possible claim or case.
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What is a Sahuarita Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are generally hired to recover money or other financial means 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 start the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the attorney has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take?
The PIL generally handles a wide number of cases falling into two main groups. 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.
The other main field of a PIL is the intentional injustice case. A purposeful tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury 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 several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is totally aware that they are at fault for the incident that led to the claim, they might 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 on the DL. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment sooner rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required 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 the best situation for either. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of gathering 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 opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation turned out, chooses whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Slip and fall Injury Lawyer near Me in Sahuarita
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!