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What a Nursing Home Abuse Lawyer Near Me does:
But perhaps you could use someone to get your back. Someone that will fight for your case. A professional who can fight for your side. Then you really should retain a Flagstaff personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the injury happened.
Being hurt in a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, keeping calm and logically oriented can make the difference between receiving the appropriate payment that you deserve or leaving 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 work with the ins and outs of our challenging legal system. Most people may not even comprehend the full breadth of what’s happening until discussing the matter with a professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible case.
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What is a Flagstaff Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person could hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take on?
The PIL generally handles a large number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of 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.
The second main field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, separate from most other areas of the legal universe, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may very well end up in front of a judge.
But it is rare 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 unneeded legal fees. If the other party is completely aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could award 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 large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything 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 what either party wants. The accusing party would rather settle for a little 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer has built 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turns out, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Nursing Home 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 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!