Top Rated Nursing Home Abuse Lawyer Near Me in Navajo County For 2024
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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one become injured in an accident or by way of the negligence of others? At times incidents can be solved by personal insurance or through a small claims court. Every once in a while it can be probably a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But maybe you really could use someone to have your back. Someone that will really fight for your case. A person who can fight for your side. That’s when you really should have a Navajo County personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life before the injury happened.
Being the victim of a crime, accident, or negligence is never a good time. It’s an emotional time, and being objective is hard. However, keeping calm and collected can make the difference between getting the fair payment that you deserve or leaving the case empty handed.
A successful Navajo County personal injury professional can act as a counselor between you and the difficult situation, making it easier to handle the ins and outs of our legal system. Most people may not even comprehend the breadth of what might occur until sitting down with a professional. That person can help you see all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move ahead with the process of any potential claim.
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What is a Navajo County Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets 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 attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party may retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer fight for?
The PIL generally tackles a wide variety of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second main field of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other fields of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just 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 necessarily easy. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may end up going to 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 other 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of gathering 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 breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Navajo County
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!