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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one been hurt in an accident or by way of the negligence of others? Sure, sometimes incidents can be resolved by insurance or through a small claims case. Every once in a while it’s probably a good idea to forget about it and move forward because it may cause you more headache than it is worth spending your valuable time on.
But maybe you really could use someone to have your back. Someone who will fight for your cause. A person who will really fight for your side. Sometimes you really should retain a Guadalupe personal injury professional 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 injured by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is nearly impossible. But remaining calm and collected can be the difference between receiving the appropriate price that you deserve or leaving the case empty handed.
An experienced Guadalupe personal injury professional can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the full breadth of what might occur until discussing the matter with a legal professional. A legal adviser 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 ahead with the process of any potential claim or case.
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What is a Guadalupe Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover money 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured party could hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
A PIL usually tackles a wide variety of cases falling into two main 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 negligence or incompetence of another.
The other main study of a PIL is the purposely executed tort 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 such situations. Really the potential causes for a personal injury case is nearly endless.
In addition, unlike most other fields 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 overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 very well end up going to trial.
But it is rare 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 fees. If the party that is liable is 100% 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 on the DL. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award in the near term 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 simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 lawyer 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 demanded.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation works out, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Guadalupe
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!