Top Rated Nursing Home Abuse Lawyer Near Me in Goodyear For 2024
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Duties of a Nursing Home Abuse Lawyer Near Me:
Has a loved one or you become injured either in an accident or through the willful neglect of others? At times issues can be worked out through personal insurance or through a small claims court. Every once in a while it can be best to drop it and move on.
But maybe you need someone to take your side. Someone who will fight for you. A person who will really fight for your side. Then you really need a Goodyear personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back to your life before the incident happened.
Being victimized by a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and seeing the situation objectively is very hard. But keeping cool and logical can be the difference between receiving the appropriate price that you deserve or going home a permanently awful situation.
A Goodyear personal injury professional can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even understand the potential consequences of what could happen until talking with a professional. A lawyer can help you realize all of this objectively, determine the claim and how they can help with your case, and help you move ahead with any potential case.
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What is a Goodyear Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person may hire a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to your case, and use all available resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response. But what cases can a personal injury attorney take on?
A PIL usually takes a large variety of cases that can be separated into two main 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 can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second primary study of a PIL is the intentional injustice case. A purposeful tort happens when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is basically endless.
In addition, unlike pretty much all other fields of law, personal injury lawyers usually work on a contingency fee basis. This means 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 any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an 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 wind up floating back and forth in limbo or an offer is unacceptable that a claim can end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is fully 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 DL. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants 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 finish 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for highest 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 Personal Injury Lawyer’s Tasks?
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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim to court. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Goodyear
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!