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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one become injured either in an accident or through the neglect of others? Many times incidents can be determined through insurance or through a small claims court. Every once in a while it’s probably a good idea to forget about it and move forward.
But sometimes you really could use someone to take your side. Someone that will gun for you. Someone who can fight on your side. Then you really should retain a Colorado City personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an emotional time, and being objective is challenging. However, remaining cool and logically oriented can make the difference between getting the proper price or going home with nothing.
A successful Colorado City personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even realize the breadth of what might occur until conversing with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move forward with any potential claim or case.
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What is a Colorado City Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party can retain a personal injury professional when the dispute involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation fails, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take?
The PIL generally tackles a large number of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The second main field of a PIL is the purposely executed tort case. An intentional 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 such situations. Realistically speaking the list of reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting 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 claim will end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully 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 lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. 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 injured party 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 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 court case 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation turned out, chooses if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement to terms, the ball is then put back in the plaintiff’s court 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 Colorado City
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 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!