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Duties of a Slip and fall Injury Lawyer near Me:
But sometimes you need someone to take your side. Someone who will really fight for your case. A professional who can really fight on your side. That’s when you really must have a Scottsdale personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back to your life prior to when the injury occurred.
Being hurt by a crime, accident, or willful negligence is not fun. It’s a very trying time, and seeing things objectively is hard. But staying cool and logical can be the difference between receiving the best payment or dropping the case with a situation that you will not like.
An experienced Scottsdale personal injury attorney can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the potential consequences of the situation until conversing with a professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any possible case.
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What is a Scottsdale Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers, 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 someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer take?
The PIL generally tackles a large number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is basically endless.
In addition, separate from most other areas of the legal universe, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim can end up in court.
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 liable party is 100% 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And finally, 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 plaintiff 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of getting 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 defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, 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 put forth by the plaintiff.
Choose the Successful Slip and fall Injury Lawyer near Me in Scottsdale
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 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!