Top Rated Nursing Home Abuse Lawyer Near Me in Clifton For 2024
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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one become hurt either in an accident or through the willful negligence of others? Many times incidents can be worked out by personal insurance or through a small claims case. Every once in a while it’s probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth .
But sometimes you really could use someone to have your back. Someone who will fight for your case. Someone who can fight for your side. Sometimes you really should retain a Clifton personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is difficult. However, remaining cool and logical can make the difference between receiving the best price or quitting the case feeling horrible.
An experienced Clifton personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what might occur until sitting down with a legal professional. An attorney can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Clifton Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers; they are also known as litigation 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 someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person may hire a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney fight for?
The PIL generally handles a large number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 person.
The second main study of a PIL is the purposely executed injustice case. A purposeful tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible causes for a personal injury case is essentially endless.
In addition, separate from nearly all other fields of the legal universe, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up in court.
However, it is rare 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 unneeded legal fees. If the liable party is completely 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation sooner rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The plaintiff would rather settle for a little 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 Personal Injury Lawyer’s Duties?
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides 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. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Clifton
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 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!