Top Rated Elder Abuse Lawyer Near Me in Flagstaff For 2024
Get Legal Solutions for Your Elder Abuse Needs in Flagstaff.
Call 602-989-1759 Today!
What a Elder Abuse Lawyer Near Me does:
Have you or a loved one become hurt either in an accident or through the willful negligence of others? Sure, sometimes things can be settled through insurance or through a small claims case. If it is very minor it’s best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you need someone to have your back. Someone who will fight for your case. A professional who can fight for your side. Sometimes you really need a Flagstaff personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the injury happened.
Being hurt by a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing things objectively is very hard. However, keeping calm and collected can be the difference between getting the proper payment that you deserve or dropping the case a permanently awful situation.
An experienced Flagstaff personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even get the full breadth of what might occur until sitting down with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move forward with the process of any potential claim.
Ask Us Anything About Your Elder Abuse Legal Needs:
What is a Flagstaff Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually retained to recover cash or other assets 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 start the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party could retain a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents in relation to the case, and use all their potential resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If negotiation falls through, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
A PIL generally tackles a large number of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second main field of a PIL is the intentional injustice 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. Realistically speaking the potential causes for a personal injury case is basically endless.
In addition, which is different than most other fields of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal 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 in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim could potentially 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 a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment 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 complete the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give 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 attorney 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 the outcome of the negotiation, decides whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. 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 only partially agrees 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 Elder Abuse Lawyer Near Me in Flagstaff
Here at DeLozier Law, we have many 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!