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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one become hurt in an accident or through the neglect of someone? Many times things can be dealt with through personal insurance or through a small claims court. Every once in a while it can be probably best to walk it off and get on with your life.
But sometimes you could use someone to have your back. Someone that will really fight for you. A professional who can fight on your side. Then you really should retain a Sahuarita personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and being objective is nearly impossible. But remaining cool and collected can make the difference between receiving the fair payment that you deserve or quitting the case with your tail between your legs.
A successful Sahuarita personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our challenging legal system. Most people may not even realize the implications of the situation until speaking with a professional. That person can help you realize all of this objectively, determine if a claim exists and whether they can be of service, and help you move forward with the process of any possible case.
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What is a Sahuarita Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person 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 defendant to defend it. In the case of bodily injury, the injured person will retain a personal injury professional when said case involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer accept?
A PIL generally tackles a large number of cases falling into two primary 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 is usually 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 main study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible reasons for a personal injury case is essentially endless.
In addition, and completely different from pretty much 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 who 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 a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these 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 just flat-out refused that a personal injury claim may very well end up in court.
However, 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 fees. If the party that is liable is completely aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, 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. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not all of them or partially agrees to terms, 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 Nursing Home Abuse Lawyer Near Me in Sahuarita
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!