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Duties of a Nursing Home Abuse Lawyer Near Me:
Has a loved one or you been hurt either in an accident or by way of the willful neglect of someone? Sure, sometimes things can be worked out by insurance or through a small claims court. If it is very minor it’s best to drop it and move on.
But at times you really need someone to take your side. Someone that will really fight for your case. A person who can really fight for your side. That’s when you really must have a Benson personal injury professional 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 incident occurred.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and being objective is difficult. However, staying calm and logical can be the difference between getting the proper payment that you deserve or dropping the case with no money.
An experienced Benson personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the facts of the situation until sitting down with a legal professional. That person can help you see all of this objectively, determine if a potential claim exists and if they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Benson Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents in relation to the case, and use all their 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 lawyer can file a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
The PIL usually takes a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be 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 a person.
The second primary field of a PIL is the intentional injustice case. A purposeful tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is essentially endless.
In addition, separate from nearly all other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may very well end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is totally 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 settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the ridiculously long 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 the best situation for either. The accusing party may in many cases 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 claim completely 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case to trial. 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 Benson
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!