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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one been injured either in an accident or by way of the willful neglect of others? Sure, sometimes issues can be determined through insurance or through a small claims case. Every once in a while it’s a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But there are times you really could use someone to take your side. Someone that will fight for your case. Someone who will really fight for your side. Sometimes you really must have a Coconino County personal injury professional that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional time, and being objective is difficult. But staying cool and collected can be the difference between receiving the best compensation that you deserve or leaving the case feeling like you didn’t get what you wanted.
A great Coconino County personal injury professional can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even get the implications of the situation until discussing the matter with a legal professional. An attorney can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Coconino County Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person 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 defendant to defend against it. In the case of bodily injury, the injured person might retain a personal injury professional when said dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer take?
The PIL usually takes a wide number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is nearly endless.
In addition, separate from nearly all other fields 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 has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 unacceptable that a claim could potentially end up in 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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is completely 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible 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 go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the 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 Duties?
First they will take care of locating 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 happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to 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. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Coconino 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!