Top Rated Elder Abuse Lawyer Near Me in Pinetop-Lakeside For 2020
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What a Elder Abuse Lawyer Near Me does:
But at times you could use someone to take your side. Someone who will really gun for you. A professional who can fight on your side. Those are the times you really must have a Pinetop-Lakeside personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the injury happened.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and seeing things objectively is nearly impossible. But keeping cool and collected can be the difference between receiving the fair payment or quitting the case feeling like you should have gotten a better deal.
An experienced Pinetop-Lakeside personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the breadth of what’s happening until conversing with a legal professional. A legal adviser can help you realize all of this objectively, determine if a claim exists and whether or not they can be of service, and help you move ahead with the process of any possible case.
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What is a Pinetop-Lakeside Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant. In the case of bodily injury, the injured person could hire a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all possible resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation fails, the attorney can file a lawsuit in response. But what kinds of cases does a personal injury attorney fight for?
A PIL usually tackles a large variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually 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 person.
The other main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is basically endless.
In addition, and in contrast to nearly all other areas of the legal world, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim can end up going to court.
But it is unusual 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 completely 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 of benefit to either party. The accusing party would rather settle for 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation turned out, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. 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 additional negotiations, agree to the new terms, or go to court.
Choose the Successful Elder Abuse Lawyer Near Me in Pinetop-Lakeside
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 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 602-464-9666!