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Duties of a Slip and fall Injury Lawyer near Me:
Have you or a loved one been injured either in an accident or by way of the neglect of someone? There are times incidents can be dealt with by personal insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and get on with your life.
But at times you could use someone to have your back. Someone who will fight for you. A person who will really fight on your side. Then you really should have a Tucson personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing the situation objectively is challenging. However, remaining calm and logical can be the difference between getting the best price or leaving the case feeling like you didn’t get what you wanted.
A great Tucson personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Many people may not even realize the facts of what might occur until sitting down with a professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and if they can be of service, and help you move ahead with any possible claim.
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What is a Tucson Slip and fall Injury Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other assets 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 begin the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take on?
A PIL usually tackles a wide variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 else.
The second primary study of a PIL is the purposely executed tort case. An intentional tort happens when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of causes for a personal injury case is pretty much endless.
In addition, separate from most other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is completely aware that they are at fault for the incident that led to the claim, they may 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 low profile. This is especially important for high profile people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment sooner rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely 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 locating 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 defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, decides whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Slip and fall Injury Lawyer near Me in Tucson
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!