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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one become injured in an accident or by way of the willful neglect of others? Sure, sometimes problems can be resolved by insurance or through a small claims court. Occasionally it’s probably best to drop it and move forward.
But at times you could use someone to get your back. Someone who will gun for your cause. A person who can really fight on your side. Then you really must have a Gila County personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the incident occurred.
Being the victim of a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and being objective is nearly impossible. However, staying cool and logically oriented can make the difference between getting the fair payment that you deserve or quitting the case broke.
A great Gila County personal injury attorney can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our legal system. Most people may not even realize the implications of what could happen until discussing the matter with a legal professional. A legal adviser can help you realize all of this objectively, determine the claim and if they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Gila County Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person could retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to the case, and use all their potential resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?
The PIL generally takes a wide number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other primary field of a PIL is the purposely executed wrongful case. An intentional tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of law, PILs almost 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 should be no upfront payment, for consultation or otherwise. Their fee is based only 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 the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim could potentially end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment sooner rather than down the road. Or they may just 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 injured party 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 accusing party would rather settle for 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 due to unknown circumstances pretrial.
What are the PIL 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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Gila County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!