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Duties of a Slip and fall Injury Lawyer near Me:
But sometimes you need someone to have your back. Someone that will really gun for your case. A professional who can fight for your side. That’s when you really must have a Tolleson 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 before the incident occurred.
Being hurt in a crime, accident, or negligence is never a good time. It’s an emotional time, and seeing the situation objectively is challenging. But remaining calm and logical can make the difference between receiving the fair compensation that you deserve or leaving the case feeling horrible.
A Tolleson personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the implications of the situation until speaking with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any possible case.
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What is a Tolleson Slip and fall Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets 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 start the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person will hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation fails, the attorney may file a lawsuit in response. But what cases can a personal injury lawyer fight for?
A PIL generally tackles a large variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 another.
The other primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of the legal world, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes 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 the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 in front of a judge.
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 unnecessary legal fees. If the other party is 100% aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term rather than later. Or they may simply not want to finish 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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case 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 locating 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 suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, 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 Tolleson
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 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 602-989-1759!