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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one become injured either in an accident or through the willful negligence of someone? Sometimes issues can be determined by personal insurance or through a small claims case. Every once in a while it can be 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 at times you need someone to get your back. Someone that will really fight for your cause. Someone who will fight for your side. Those are the times you really must have a Parker personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life prior to when the injury happened.
Being harmed by a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is challenging. But staying cool and collected can make the difference between getting the appropriate payment or leaving the case with no recourse.
A successful Parker personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the breadth of the situation until talking with a legal professional. A lawyer can help you see all of this in a more objective light, determine the claim 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 Parker Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually retained to recover money or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person will retain a personal injury professional when the case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If negotiation fails, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take?
The PIL generally tackles a large number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 study of a PIL is the purposely executed injustice case. An intentional tort occurs when one person willfully 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 causes for a personal injury case is essentially endless.
In addition, which is different than most other areas of law, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may very well end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people. A large 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 non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation sooner rather than later. Or they may simply 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 lastly, 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 in the best interest of either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating 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 complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Parker
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!