Top Rated Nursing Home Abuse Lawyer Near Me in Gilbert For 2024
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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one become hurt in an accident or by way of the willful neglect of someone? Sure, sometimes incidents can be solved by insurance or through a small claims case. If it is very minor it’s probably best to walk it off and get on with your life because it may cause you more headache than it is worth .
But at times you really could use someone to take your side. Someone that will really fight for your case. Someone who can really fight on your side. Sometimes you really should retain a Gilbert personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life before the incident occurred.
Being victimized by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. But staying calm and logical can make the difference between receiving the fair price that you deserve or quitting the case feeling like you didn’t get what you wanted.
A successful Gilbert personal injury legal representative can act as a counselor between you and the near-impossible situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even understand the breadth of what might occur until speaking with a legal professional. An attorney can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move forward with any potential case.
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What is a Gilbert Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury professional when said claim involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be contacted, research 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 may first try to work out the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response. But what cases would a personal injury lawyer take on?
A PIL usually 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, vehicle accidents, child neglect, and wrongful death cases. Wrongful death can be caused by 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 other primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of law, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case can end up going to court.
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 costs. If the party that is liable is totally 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those 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. In addition, if there are any appeals, the outcome can remain in court 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 complete the never-ending 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 the best situation for either. 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 give a much lesser amount.
What are the PIL Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turns out, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Gilbert
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 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!