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What a Nursing Home Abuse Lawyer Near Me does:
Has a loved one or you been injured in an accident or through the neglect of someone? Sometimes incidents can be dealt with by insurance or through a small claims case. Occasionally it can be best to drop it and move forward.
But maybe you could use someone to take your side. Someone that will really gun for your case. Someone who will really fight for your side. Then you really must have a Cave Creek personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back to your life before the injury occurred.
Being hurt in a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and being objective is nearly impossible. However, keeping calm and logically oriented can be the difference between getting the proper compensation that you deserve or dropping the case empty handed.
An experienced Cave Creek personal injury professional can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. Most people may not even understand the facts of what’s happening until talking with a professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and how they can be of service, and help you move ahead with any possible case.
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What is a Cave Creek Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired 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 another person, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury professional when the claim involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what cases can a personal injury attorney take on?
The PIL usually tackles a wide number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other main study of a PIL is the purposely executed tort case. A purposeful tort occurs when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal universe, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment in the near term 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 just 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 lastly, 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 plaintiff 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 award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of getting 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 defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim in front of a judge. 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 partially agrees to terms, it will be up to the plaintiff to decide 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 Cave Creek
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!