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What a Nursing Home Abuse Lawyer Near Me does:
But maybe you need someone to take your side. Someone that will fight for you. A person who can fight on your side. That’s when you really should have a St. Johns personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is never a good time. It’s an emotional time, and seeing things objectively is challenging. However, staying cool and logical can be the difference between getting the fair payment or quitting the case feeling like you didn’t get what you wanted.
A great St. Johns personal injury professional can act as a counselor between you and the difficult situation, making it much 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 speaking with a professional. A lawyer can help you see all of this objectively, determine if a claim exists and how they can be of service, and help you move forward with the process of any possible case.
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What is a St. Johns Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the broader arena of civil 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 someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party will hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the PIL has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation falls through, the legal professional can file a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL generally tackles a wide number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 negligence or incompetence of another person.
The second primary study of a PIL is the purposely executed injustice case. An intentional tort occurs when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is basically endless.
In addition, unlike nearly all other areas of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just 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 could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award sooner rather than having to wait. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 of benefit to either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 lawyer 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 requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation worked out, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in St. Johns
Here at DeLozier Law, we have many 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 602-464-9666!