Top Rated Nursing Home Abuse Lawyer Near Me in Sedona For 2024
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What a Nursing Home Abuse Lawyer Near Me does:
Has a loved one or you become hurt in an accident or by way of the negligence of someone? There are times problems can be solved through personal insurance or through a small claims court. Occasionally it can be a good idea to walk it off and move forward.
But maybe you need someone to take your side. Someone that will really fight for your cause. Someone who can really fight for your side. Sometimes you really must have a Sedona personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident happened.
Being victimized by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and seeing things objectively is difficult. But remaining cool and collected can be the difference between getting the appropriate payment or going home feeling incompetent.
An experienced Sedona personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of our challenging legal system. Many people may not even get the potential consequences of what could happen until speaking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move ahead with any possible case.
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What is a Sedona Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other assets 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 lawyer is usually hired to initiate the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person might retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the attorney has been retained, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be found, research 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 work out the settlement of the case. If negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney accept?
The PIL generally takes a large variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential causes for a personal injury case is essentially endless.
In addition, unlike most other areas of the legal world, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving 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.
However, it is unusual 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 party that is liable is 100% aware that they are at fault for the incident that led to the claim, they probably do 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 high profile people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award sooner rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 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 PIL Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built 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 may try to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely 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 others or partially agrees, it will be up to the plaintiff to decide 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 Sedona
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 602-989-1759!