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What a Nursing Home Abuse Lawyer Near Me does:
Has a loved one or you been hurt in an accident or through the negligence of someone? Sometimes incidents can be solved by personal insurance or through a small claims case. Every once in a while it’s probably best to drop it and get on with your life.
But there are times you really need someone to take your side. Someone who will really fight for your cause. Someone who can really fight on your side. Then you really must have a Springerville personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life before the injury happened.
Being harmed by a crime, accident, or willful negligence is not fun. It’s a very trying time, and being objective is challenging. But remaining cool and logical can be the difference between receiving the best price that you deserve or leaving the case feeling incompetent.
An experienced Springerville personal injury lawyer can act as a buffer between you and the difficult situation, making it much easier to handle the ins and outs of our legal system. Many people may not even get the facts of what might occur until speaking with a professional. That person can help you realize all of this objectively, determine if a claim exists and if they can be of service, and help you move ahead with the process of any possible claim.
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What is a Springerville Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may retain a personal injury lawyer when the case involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and other possible costs.
After the attorney has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response. But what cases would a personal injury attorney take on?
The PIL generally tackles a wide number 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 neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from most other areas of law, 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 otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. 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 agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary 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 the best situation for either. The plaintiff would rather settle for a little 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 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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation worked out, chooses if they will push to bring the case 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 Springerville
Here at DeLozier Law, we have over 4 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!