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What a Slip and fall Injury Lawyer near Me does:
But maybe you need someone to take your side. Someone that will really fight for your cause. Someone who will fight for your side. Sometimes you really should retain a Wellton personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back to your life before the incident happened.
Being victimized by a crime, accident, or negligence is never fun. It’s an emotional time, and being objective is challenging. But staying calm and logical can make the difference between getting the appropriate payment that you deserve or leaving the case with no settlement.
A successful Wellton personal injury professional can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our legal system. Many people may not even realize the implications of what’s happening until talking with a professional. That person can help you see all of this in a more objective light, 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 Wellton Slip and fall Injury Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might hire a personal injury professional when the case involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and more.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to the claim, and use all available resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer take?
The PIL generally handles a wide variety of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The other main field of a PIL is the purposefully perpetrated injustice 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 list of causes for a personal injury case is essentially endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may very well end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award sooner 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 everything else that is necessary to win the case.
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 less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
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 opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Slip and fall Injury Lawyer near Me in Wellton
Here at DeLozier Law, we have over 4 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!