Top Rated Nursing Home Abuse Lawyer Near Me in Pinetop-Lakeside For 2024
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What a Nursing Home Abuse Lawyer Near Me does:
Has a loved one or you become injured in an accident or by way of the willful neglect of someone? There are times problems can be dealt with by insurance or through a small claims court. Every once in a while it’s probably best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But sometimes you really could use someone to have your back. Someone that will fight for your case. A person who will fight on your side. Sometimes you really should retain a Pinetop-Lakeside personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the injury happened.
Being harmed by a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and seeing the situation objectively is difficult. But keeping calm and collected can be the difference between receiving the best payment that you deserve or dropping the case with no settlement.
A Pinetop-Lakeside personal injury legal representative can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our legal system. Many people may not even realize the full breadth of what might occur until discussing the matter with a legal professional. An attorney can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with the process of any possible case.
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What is a Pinetop-Lakeside Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 someone else, a civil attorney is usually hired to start the lawsuit and another civil attorney is hired by the defendant to defend 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 derived from any injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents related to your case, and use all available resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation fails, the legal professional could fie a lawsuit in response. But what cases could a personal injury attorney fight for?
The PIL generally handles a wide number of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other primary study of a PIL is the purposely executed wrongful case. An intentional tort occurs when someone willfully hurts another person. This includes 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, and completely different from pretty much all other fields of law, 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 wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just 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 send back a 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 totally unacceptable that a case will end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is totally aware that they are at fault for the incident that led to the claim, they may 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 publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner 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 complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed 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 demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses if they will push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Pinetop-Lakeside
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!