Top Rated Elder Abuse Lawyer Near Me in Queen Creek For 2024
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Has a loved one or you been hurt in an accident or through the willful neglect of others? Many times things can be determined through insurance or through a small claims court. Every once in a while it can be a good idea to drop it and move on because it may cause you more headache than it is worth .
But maybe you really could use someone to have your back. Someone that will gun for your cause. A person who will fight for your side. Sometimes you really must have a Queen Creek personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is challenging. However, keeping calm and collected can make the difference between getting the proper price or quitting the case with no settlement.
A great Queen Creek personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even understand the implications of the situation until discussing the matter with a professional. A lawyer can help you realize all of this objectively, determine the claim and how they can be of service, and help you move forward with the process of any potential case.
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What is a Queen Creek Elder Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the legal professional has been hired, 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, get any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation fails, the legal professional will consider filing a lawsuit in response. But what cases does a personal injury attorney fight for?
The PIL generally takes a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 carelessness or incompetence of someone.
The second primary field of a PIL is the intentional wrongful case. An intentional tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the list of causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes 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 necessarily easy. 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 just flat-out refused that a claim will end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 legal professional has formed 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Queen Creek
Here at DeLozier Law, we have over 4 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!