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Things a Slip and fall Injury Lawyer near Me does:
Have you or a loved one been injured in an accident or by way of the willful negligence of someone? Sometimes things can be dealt with by insurance or through a small claims court. If it is not worth fighting for it can be best to forget about it and get on with your life.
But at times you really need someone to take your side. Someone who will really fight for you. A professional who will really fight on your side. Sometimes you really should retain a Taylor personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being harmed by a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is nearly impossible. But keeping cool and logically oriented can be the difference between receiving the proper price or quitting the case with a situation that you will not like at all.
A successful Taylor personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the full breadth of what could happen until speaking with a legal professional. That person can help you see all of this objectively, determine the potential of a claim and whether or not they can be of service, and help you move forward with the process of any possible case.
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What is a Taylor Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover money or other financial means 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 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 person might hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney accept?
The PIL usually takes a large number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, 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 someone else.
The second main field of a PIL is the intentional tort case. A purposeful tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential causes for a personal injury case is essentially endless.
In addition, separate from most other areas of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is fully 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties 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 there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may just not want to complete the exhausting 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 for the best. 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 claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them 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 go to court.
Choose the Successful Slip and fall Injury Lawyer near Me in Taylor
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!