Top Rated Nursing Home Abuse Lawyer Near Me in Apache County For 2024
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Have you or a loved one been hurt in an accident or through the willful neglect of someone? There are times problems can be solved by personal insurance or through a small claims case. Every once in a while it’s best to drop it and move on 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 really gun for your cause. A professional who can fight on your side. That’s when you really need a Apache County personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing the situation objectively is difficult. But keeping calm and logically oriented can make the difference between receiving the fair compensation that you deserve or dropping the case broke.
An experienced Apache County personal injury professional can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of the legal system. Most people may not even comprehend the breadth of what could happen until conversing with a professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and if they can be of service, and help you move forward with any possible case.
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What is a Apache County Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 someone else, a civil attorney is usually hired to bring the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person can retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the claim, and use all available resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take on?
The PIL generally tackles a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, 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 another.
The second main field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is essentially endless.
In addition, unlike most other areas of the legal world, personal injury attorneys 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 is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a 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 case can end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they might 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 large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award in the near term rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Apache County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!