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Duties of a Nursing Home Abuse Lawyer Near Me:
But perhaps you really could use someone to take your side. Someone who will really fight for your cause. A person who will really fight for your side. Then you really need a Arizona personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is hard. However, staying cool and collected can be the difference between getting the fair compensation or dropping the case with no recourse.
An experienced Arizona personal injury attorney can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the implications of what’s happening until discussing the matter with a legal professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and how they can be of service, and help you move forward with any possible case.
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What is a Arizona Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum 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 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 another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation fails, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take?
A PIL generally tackles a wide variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second primary study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposefully injures 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 potential causes for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other areas of the legal universe, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon 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 necessarily easy. The injured party could counteroffer if they feel they are not receiving 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 claim can 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is totally 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 out of the news and the public eye. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows everyone 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. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case 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 gathering 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 defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Arizona
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 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!