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What a Elder Abuse Lawyer Near Me does:
Has a loved one or you become hurt either in an accident or through the neglect of others? There are times incidents can be dealt with by personal insurance or through a small claims court. Occasionally it’s probably a good idea to drop it and get on with your life.
But at times you really need someone to have your back. Someone that will really fight for your cause. A person who will fight on your side. Those are the times you really should retain a Pima County personal injury professional that will fight for your rights, both in regards to money 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 a good time. It’s an emotional roller coaster, and seeing the situation objectively is difficult. But remaining calm and collected can be the difference between receiving the fair price that you deserve or going home with no money.
A great Pima County personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even realize the facts of what could happen until discussing the matter with a legal professional. That person can help you realize all of this objectively, determine if a possible claim exists and if they can help with your case, and help you move forward with any potential case.
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What is a Pima County Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents in relation to your case, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation falls through, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney take on?
A PIL generally handles a wide variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main study of a PIL is the intentional injustice case. A purposeful tort occurs when one person intentionally 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 causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other fields of law, PILs nearly always 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 any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting 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 case may very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates 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 may 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 down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended 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 probably wants financial compensation as soon as possible rather than later. Or they may just not want to finish the ridiculously long 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 in the best interest of either party. 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 court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Pima County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!