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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 through the neglect of others? Sure, sometimes problems can be dealt with through insurance or through a small claims case. Occasionally it’s best to forget about it and move forward.
But maybe you could use someone to take your side. Someone that will gun for your case. Someone who will fight on your side. Those are the times you really should have a Douglas personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an emotional time, and seeing the situation objectively is nearly impossible. However, keeping cool and logical can make the difference between receiving the proper compensation that you deserve or dropping the case with no recourse.
A great Douglas personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even understand the implications of what could happen until sitting down with a professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and whether they can help with your case, and help you move forward with the process of any possible claim.
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What is a Douglas Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money 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 someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party can hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and more.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to the claim, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If that negotiation fails, the legal professional can file a lawsuit in response. But what kinds of cases would a personal injury lawyer accept?
The PIL generally takes a large variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of the legal universe, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly 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 these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim will end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is fully 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 settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award 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 just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
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 lawyer has formed 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 incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Douglas
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!