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Duties of a Elder Abuse Lawyer Near Me:
But perhaps you really need someone to take your side. Someone that will fight for your cause. A professional who can fight for your side. That’s when you really must have a Sierra Vista personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the incident happened.
Being injured by a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is nearly impossible. However, remaining cool and collected can make the difference between getting the best compensation that you deserve or going home with no settlement.
A Sierra Vista personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to deal with the ins and outs of the legal system. Many people may not even realize the full breadth of what could happen until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine the claim and whether or not they can help with your case, and help you move forward with any potential case.
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What is a Sierra Vista Elder Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means from a person or legal entity on behalf of 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 start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person will hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents in relation to the claim, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation fails, the attorney could fie a lawsuit in response. But what kinds of cases could a personal injury attorney take?
A PIL usually handles a wide number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, 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 carelessness or incompetence of someone else.
The other main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential reasons for a personal injury case is essentially endless.
In addition, separate from most other fields of the legal world, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a case could potentially 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 many 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 may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment in the near term rather than down the road. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest 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 finding 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 defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Elder Abuse Lawyer Near Me in Sierra Vista
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 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!