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What a Slip and fall Injury Lawyer near Me does:
But at times you really need someone to take your side. Someone that will fight for your case. A person who can fight on your side. Then you really should have a Winslow personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back to your life before the incident happened.
Being hurt in a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and being objective is difficult. However, remaining calm and collected can make the difference between getting the fair payment that you deserve or dropping the case empty handed.
An experienced Winslow personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even understand the facts of the situation until speaking with a professional. That person can help you see all of this objectively, determine if a claim exists and whether or not they can be of service, and help you move ahead with the process of any possible claim.
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What is a Winslow Slip and fall Injury Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained 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 lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury professional when the claim involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health issues caused by the injury, and more.
After the lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney fight for?
A PIL generally tackles a large variety of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second primary field of a PIL is the intentional tort case. An intentional tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other areas of the legal universe, PILs 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 beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the 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 could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is fully 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended 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 probably wants financial award as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. 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 required 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 of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of 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 Tasks?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Slip and fall Injury Lawyer near Me in Winslow
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 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!