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What a Nursing Home Abuse Lawyer Near Me does:
Have you or a loved one been injured in an accident or by way of the negligence of others? There are times problems can be dealt with through personal insurance or through a small claims court. Occasionally it’s probably best to walk it off and move forward because it may cause you more headache than it is worth .
But perhaps you really could use someone to get your back. Someone who will really fight for your case. A person who can fight on your side. Those are the times you really should retain a Tempe personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the injury occurred.
Being harmed by a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. However, keeping cool and collected can make the difference between getting the appropriate payment or leaving the case with nothing.
A successful Tempe personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Many people may not even understand the implications of what’s happening until talking with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and whether or not they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Tempe Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other valuables 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 initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues arising from the injury, and other possible costs.
After the PIL has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents related to the claim, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take?
A PIL usually tackles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is essentially endless.
In addition, separate from most other areas of law, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a 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 case could potentially end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is fully aware that they are at fault for the incident that led to the claim, they probably do 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 low profile. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may simply not want to finish the never-ending 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 what either party wants. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the 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 Tasks?
First they will take care of gathering 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 detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation turned out, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Tempe
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!