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Duties of a Nursing Home Abuse Lawyer Near Me:
Has a loved one or you been injured in an accident or by way of the willful neglect of others? There are times things can be determined by insurance or through a small claims court. Every once in a while it can be a good idea to drop it and move on because it may cause you more headache than it is worth .
But there are times you could use someone to get your back. Someone that will gun for your cause. A professional who can fight for your side. Those are the times you really should retain a Florence personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life before the incident occurred.
Being victimized by a crime, accident, or willful negligence is not a good time. It’s an emotional time, and seeing the situation objectively is difficult. However, staying calm and logical can make the difference between getting the appropriate compensation that you deserve or leaving the case with your tail between your legs.
An experienced Florence personal injury professional can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. Most people may not even realize the potential consequences of what could happen until sitting down with a professional. An attorney can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move forward with any potential claim or case.
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What is a Florence Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means 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 someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury professional when said case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues caused by the injury, and other possible costs.
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 contacted, get any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer accept?
The PIL generally takes a wide number of cases that can be divided into two main fields. 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 carelessness or incompetence of someone.
The other main study of a PIL is the intentional injustice case. A purposeful tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is basically endless.
In addition, unlike pretty much all other areas of the legal world, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these 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 unacceptable that a claim could potentially end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is 100% 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 settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 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 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or partially agrees to terms, it will be up to the plaintiff 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 Florence
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!