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Things a Slip and fall Injury Lawyer near Me does:
But sometimes you could use someone to take your side. Someone who will gun for you. A professional who can really fight for your side. Then you really must have a San Luis personal injury attorney that will fight for your rights, both financial and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being hurt by a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and being objective is challenging. However, remaining calm and collected can be the difference between getting the proper payment that you deserve or going home with no money.
A successful San Luis personal injury lawyer can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even comprehend the potential consequences of the situation until talking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move forward with the process of any possible claim or case.
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What is a San Luis Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money or other financial instruments 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party could hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer fight for?
The PIL usually takes a wide variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second main field of a PIL is the purposely executed tort case. A purposeful tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is essentially endless.
In addition, which is different than nearly all other fields of law, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just 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 can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case could potentially end up going to court.
However, it is unusual 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 unnecessary legal fees. 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 on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for 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 Tasks?
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation turns out, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely 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 San Luis
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!