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Duties of a Slip and fall Injury Lawyer near Me:
Has a loved one or you been hurt in an accident or by way of the neglect of others? Sure, sometimes problems can be worked out by insurance or through a small claims case. If it is not worth fighting for it’s probably best to drop it and move forward because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you need someone to take your side. Someone that will really gun for your cause. Someone who can fight on your side. Then you really need a South Tucson personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and being objective is nearly impossible. But staying cool and collected can make the difference between receiving the appropriate compensation that you deserve or quitting the case with a situation you will never recover from.
A successful South Tucson personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. Most people may not even fully realize the implications of the situation until speaking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move ahead with any potential claim.
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What is a South Tucson Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained 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 lawyer is usually hired to begin the lawsuit and a different civil attorney is retained by the defendant. In the case of bodily injury, the injured party may retain a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer accept?
The PIL generally handles 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, auto accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is basically endless.
In addition, separate from pretty much all other areas of the legal universe, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten 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 Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case can end up going to court.
But it is unusual 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 totally 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 settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. 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 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 the best situation for either. The accusing party may in many cases rather settle for 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 due to unknown circumstances pretrial.
What are the PIL 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 lawyer has built 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 required.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation turns out, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Slip and fall Injury Lawyer near Me in South Tucson
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!