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What a Slip and fall Injury Lawyer near Me does:
But there are times you need someone to get your back. Someone who will fight for your case. Someone who can fight for your side. Sometimes you really need a St. Johns personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life prior to when the injury occurred.
Being the victim of a crime, accident, or negligence is not a good time. It’s an extremely trying time, and seeing things objectively is hard. But staying calm and logically oriented can make the difference between getting the appropriate compensation or quitting the case with a situation you will never recover from.
A St. Johns personal injury attorney can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of the legal system. Many people may not even realize the implications of what might occur until discussing the matter with a legal professional. That person can help you see all of this in a more objective light, determine if a possible claim exists and whether or not they can be of service, and help you move forward with any potential case.
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What is a St. Johns Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party may retain a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer accept?
A PIL generally handles a large variety of cases that can be separated into two main fields. 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 carelessness or incompetence of someone.
The second main study of a PIL is the intentional injustice case. A purposeful tort happens when someone purposely 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 possible reasons for a personal injury case is nearly endless.
In addition, separate from most other areas of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 just flat-out refused that a claim will end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Slip and fall Injury Lawyer near Me in St. Johns
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 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 602-464-9666!