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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 negligence of others? There are times things can be solved by insurance or through a small claims court. Occasionally it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But maybe you really could use someone to take your side. Someone who will really fight for your cause. Someone who will fight for your side. Those are the times you really should retain a Marana personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and seeing the situation objectively is challenging. But remaining calm and collected can be the difference between receiving the appropriate payment that you deserve or dropping the case with your tail between your legs.
An experienced Marana personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even fully realize the implications of what might occur until talking with a legal professional. That person can help you see all of this objectively, determine if a potential claim exists and how they can be of service, and help you move forward with the process of any possible claim.
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What is a Marana Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party could retain a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer take on?
The PIL usually tackles a large variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main field of a PIL is the intentional wrongful case. A purposeful tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these 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 personal injury claim will 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is totally aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Marana
Here at DeLozier Law, we have over 4 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!