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What a Nursing Home Abuse Lawyer Near Me does:
Has a loved one or you become hurt either in an accident or through the negligence of someone? There are times things can be settled through personal insurance or through a small claims case. If it is extremely minor it’s best to drop it and move forward.
But there are times you really could use someone to take your side. Someone who will really fight for you. A professional who can fight on your side. Sometimes you really must have a Queen Creek personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or negligence is not enjoyable. It’s an emotional time, and being objective is nearly impossible. But keeping calm and logical can make the difference between receiving the proper price that you deserve or going home feeling incompetent.
A successful Queen Creek personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. If you are like most people, you may not even realize the implications of what’s happening until sitting down with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Queen Creek Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually retained to recover money or other valuables 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 attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person may hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health expenses, 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 talk with all witnesses that can be contacted, research any and all documents related to the claim, and use all available resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of 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 fight for?
The PIL generally tackles a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of 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.
The other main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally 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 possible causes for a personal injury case is essentially endless.
In addition, and completely different from most 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 who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case may end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully 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 low profile. This is especially important for publicly 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 everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And finally, 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 plaintiff 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 court case 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 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees, it will be up to the plaintiff to decide 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 Queen Creek
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!