Top Rated Nursing Home Abuse Lawyer Near Me in Yuma County For 2024
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Has a loved one or you become injured either in an accident or by way of the willful negligence of someone? Sure, sometimes incidents can be settled through personal insurance or through a small claims case. Every once in a while it can be a good idea to walk it off and move forward because it may cause you more headache than it is worth fighting for.
But at times you really need someone to take your side. Someone who will really gun for your case. A professional who will fight for your side. Then you really must have a Yuma County personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being the victim of a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and being objective is challenging. But remaining calm and logically oriented can be the difference between getting the fair price or going home with no settlement.
An experienced Yuma County personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even realize the facts of what’s happening until sitting down with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move forward with any possible claim.
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What is a Yuma County Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil 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 attorney is usually hired to start the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents related to your case, and use all their possible resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response. But what cases would a personal injury lawyer accept?
The PIL generally takes a wide variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 a person.
The other primary study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone purposely 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 list of reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of the legal world, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in 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 the 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 totally unacceptable that a personal injury claim could potentially end up in front of a judge.
However, it is rare 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 fees. If the other party is 100% 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 settlement can help keep the case on the down low. This is especially important for high profile people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
And lastly, 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 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 award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown 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 the outcome of the negotiation, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. 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 decide 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 Yuma County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!