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Things a Slip and fall Injury Lawyer near Me does:
But there are times you could use someone to take your side. Someone who will really fight for your cause. Someone who will fight on your side. Those are the times you really should have a Thatcher personal injury professional 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 the victim of a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is challenging. But staying calm and collected can be the difference between getting the proper compensation or going home worse off than before.
An experienced Thatcher personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of the legal system. Many people may not even get the implications of what could happen until sitting down with a legal professional. A lawyer can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with any potential claim.
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What is a Thatcher Slip and fall Injury Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover cash 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 bring the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury lawyer when said case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents related to the case, and use all their potential resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer accept?
The PIL usually tackles a large variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The second primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other fields of the legal world, PILs usually 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 is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting 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 may end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is completely 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 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 lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 what either party wants. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case 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 getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Slip and fall Injury Lawyer near Me in Thatcher
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!