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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one been injured either in an accident or through the willful negligence of someone? Sure, sometimes incidents can be solved by insurance or through a small claims court. 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 .
But sometimes you need someone to get your back. Someone that will really fight for your case. A professional who can really fight on your side. Sometimes you really must have a Pima County personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life before the injury occurred.
Being victimized by a crime, accident, or negligence is never fun. It’s an extremely trying time, and being objective is challenging. But staying calm and logical can be the difference between getting the proper price or leaving the case broke.
An experienced Pima County personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even comprehend the facts of the situation until conversing with a professional. A lawyer can help you realize all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move ahead with any possible case.
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What is a Pima County Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained 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 begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney accept?
A PIL usually tackles a large number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The second main field of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is nearly endless.
In addition, which is different than most other areas of the legal world, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 case can end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable 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 out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. 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. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for either. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for 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 PIL 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 lawyer 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 demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or is in partial agreement, 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 Pima County
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 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!