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What a Slip and fall Injury Lawyer near Me does:
Have you or a loved one become hurt in an accident or through the neglect of someone? Sure, sometimes things can be settled through personal insurance or through a small claims case. Occasionally it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you really need someone to get your back. Someone that will really fight for your cause. Someone who will fight on your side. Then you really should retain a Tempe personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident happened.
Being injured by a crime, accident, or negligence is not enjoyable. It’s a very trying time, and being objective is difficult. However, staying cool and logically oriented can make the difference between getting the proper payment or quitting the case empty handed.
An experienced Tempe personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. Most people may not even get the potential consequences of what might occur until speaking with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and if they can be of service, and help you move ahead with the process of any potential claim.
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What is a Tempe Slip and fall Injury Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that are available, research any and all documents in relation to your claim, and use all their potential resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If negotiation doesn’t work, the lawyer can file 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 number of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second primary study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential reasons for a personal injury case is essentially endless.
In addition, unlike most other areas of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only 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 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 totally unacceptable that a case may very well end up in court.
However, 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 costs. If the other party is totally 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 the best situation for either. The accusing party would 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.
What are the PIL Duties?
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a 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 settlement terms.
Choose the Successful Slip and fall Injury Lawyer near Me in Tempe
Here at DeLozier Law, we have many 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!