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Things a Slip and fall Injury Lawyer near Me does:
Have you or a loved one become injured in an accident or by way of the willful neglect of others? Sometimes problems can be settled through personal insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth spending your time on.
But maybe you really need someone to take your side. Someone who will really fight for you. Someone who can fight on your side. Sometimes you really must have a Surprise personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back to your life prior to when the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is never fun. It’s an emotional time, and being objective is challenging. But keeping cool and logically oriented can make the difference between getting the best payment or quitting the case feeling like you should have gotten a more appropriate solution.
An experienced Surprise personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. Most people may not even fully realize the implications of the situation until conversing with a legal professional. An attorney can help you realize all of this objectively, determine if a potential claim exists and whether they can be of service, and help you move forward with any potential claim.
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What is a Surprise Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash 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 initiate the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can hire a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the lawyer 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 contacted, research any and all documents in relation to the case, and use all their possible resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what kinds of cases would a personal injury lawyer accept?
The PIL generally handles a large variety of cases that fall into two main categories. 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 carelessness or incompetence of another person.
The other main study of a PIL is the intentional wrongful case. A purposeful tort occurs when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is essentially endless.
In addition, and completely different from nearly all other areas of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal 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 receiving enough 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 could potentially end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is fully 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 on the down low. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award sooner rather than having to wait. Or they may simply not want to finish the never-ending 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 of benefit to either party. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown 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 the outcome of the negotiation, decides if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff 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 Surprise
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!