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Duties of a Elder Abuse Lawyer Near Me:
Have you or a loved one become injured in an accident or through the neglect of others? Sure, sometimes things can be resolved by personal insurance or through a small claims court. Occasionally it can be a good idea to drop it and move forward.
But there are times you need someone to take your side. Someone that will really fight for your case. A professional who can really fight on your side. Those are the times you really need a Lake Havasu City personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the injury happened.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s an emotional time, and seeing the situation objectively is challenging. However, remaining cool and collected can make the difference between getting the proper price that you deserve or leaving the case with a situation you will never recover from.
An experienced Lake Havasu City 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 legal system. If you are like most people, you may not even realize the potential consequences of what’s happening until speaking with a professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any potential claim.
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What is a Lake Havasu City Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the larger category 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 a person brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury lawyer when the case involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health issues arising from the injury, and more.
After the legal professional 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 found, gather any and all documents in relation to your case, and use all their possible resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer fight for?
The PIL usually handles a large number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second main field of a PIL is the intentional tort case. An intentional tort occurs when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, separate from most other fields of law, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in 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 Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is completely 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 award 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 provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation sooner rather than later. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is required 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 what either party wants. The accusing party may in many cases 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 give a much lesser amount.
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 legal professional has built 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 incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation worked out, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Lake Havasu City
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 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!