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Duties of a Nursing Home Abuse Lawyer Near Me:
But there are times you could use someone to take your side. Someone who will really gun for your cause. Someone who can fight for your side. That’s when you really should have a Glendale AZ personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back as close as possible to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and being objective is difficult. However, remaining cool and logically oriented can be the difference between getting the proper compensation that you deserve or dropping the case feeling like you should have gotten a more appropriate solution.
A successful Glendale AZ personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the facts of what might occur until talking 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 forward with the process of any potential claim.
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What is a Glendale AZ Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If negotiation fails, the lawyer may file a lawsuit in response. But what cases can a personal injury attorney fight for?
The PIL usually takes a large variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 carelessness or incompetence of a person.
The second primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other areas of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely 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 so simple. The injured party can 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 claim will end up in front of a judge.
However, it is rare 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 unneeded legal fees. If the defending party is totally 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 on the DL. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone 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 months. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of 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 getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, 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 put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Glendale AZ
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!