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Duties of a Elder Abuse Lawyer Near Me:
But at times you really could use someone to take your side. Someone who will gun for you. A person who will really fight on your side. Sometimes you really must have a Fountain Hills personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing things objectively is difficult. But keeping cool and logical can be the difference between getting the fair price that you deserve or leaving the case with a situation that you will not like.
A Fountain Hills personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even fully realize the facts of the situation until discussing the matter with a legal professional. That person 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 the process of any possible case.
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What is a Fountain Hills Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all potential resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney accept?
The PIL generally handles a wide variety of cases falling 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. 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 someone.
The second main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of law, personal injury professionals 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 is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the 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 necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim will end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely 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 award much larger damages.
Secondly, a settling the case will keep it low profile. 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 all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award 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 go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 attorney 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 happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Elder Abuse Lawyer Near Me in Fountain Hills
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!