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Duties of a Nursing Home Abuse Lawyer Near Me:
Has a loved one or you been injured in an accident or through the willful neglect of someone? Sure, sometimes things can be determined by insurance or through a small claims case. Every once in a while it can be probably a good idea to forget about it and move on.
But maybe you could use someone to have your back. Someone who will really gun for you. Someone who can fight on your side. Sometimes you really should have a Bisbee personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back to your life prior to when the injury happened.
Being harmed by a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is nearly impossible. But remaining cool and collected can be the difference between receiving the proper payment that you deserve or leaving the case with no money.
An experienced Bisbee personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even realize the potential consequences of what might occur until talking with a professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and whether or not they can be of service, and help you move forward with any potential claim.
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What is a Bisbee 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 generally retained to recover cash or other financial instruments 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 a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person may hire a personal injury attorney when the claim involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney take on?
A PIL generally takes a wide variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other primary study of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is basically endless.
In addition, which is different than nearly all other areas of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a 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 totally unacceptable that a case will end up in court.
But 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 lends itself to 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 would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial award as soon as possible rather than down the road. Or they may simply not want to finish the never-ending 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 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 risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of finding 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 complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Bisbee
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!