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Duties of a Nursing Home Abuse Lawyer Near Me:
Has a loved one or you become hurt in an accident or through the neglect of someone? Sometimes issues can be worked out through personal insurance or through a small claims court. If it is very minor it’s a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But maybe you could use someone to have your back. Someone who will fight for your cause. Someone who will really fight on your side. Then you really need a Nogales personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and seeing things objectively is challenging. However, remaining calm and logically oriented can make the difference between receiving the proper compensation or going home feeling horrible.
An experienced Nogales personal injury lawyer can act as a buffer between you and the near-impossible situation, making it much easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the breadth of what’s happening until discussing the matter with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move forward with the process of any potential claim.
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What is a Nogales Nursing Home Abuse Attorney?
To begin with, 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 financial instruments 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be contacted, get any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney fight for?
The PIL usually handles 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, vehicle 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 uncaring state or incompetence of another.
The other main study of a PIL is the intentional wrongful case. A purposeful tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, unlike nearly all other fields of law, personal injury lawyers nearly always 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 strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 personal injury claim may end up going to court.
But 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 unnecessary legal fees. If the defending party is 100% 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 settling the case will keep it on the down low. 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 is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award sooner 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 everything else that is necessary 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 plaintiff 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 due to unknown circumstances pretrial.
What are the PIL Tasks?
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 complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or partially agrees to terms, it will be up to the plaintiff 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 Nogales
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!