Top Rated Elder Abuse Lawyer Near Me in Tolleson
Get Legal Solutions for Your Elder Abuse Needs in Tolleson.
Call 602-989-1759 Today!
Duties of a Elder Abuse Lawyer Near Me:
Has a loved one or you become injured either in an accident or by way of the willful neglect of someone? Many times issues can be dealt with by personal insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to have your back. Someone that will fight for you. Someone who can fight on your side. That’s when you really must have a Tolleson personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back to your life prior to when the incident happened.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. However, remaining calm and logical can be the difference between receiving the fair price that you deserve or going home a permanently awful situation.
An experienced Tolleson personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even understand the potential consequences of what could happen until speaking with a legal professional. An attorney can help you realize 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 claim or case.
Ask Us Anything About Your Elder Abuse Legal Needs:
What is a Tolleson Elder Abuse Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually retained to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different 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 professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation fails, the attorney could fie a lawsuit in response. But what cases would a personal injury attorney take?
The PIL generally tackles a large number of cases that fall into two main 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 can be caused by 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 person.
The second primary field of a PIL is the purposely executed wrongful case. An intentional tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is essentially endless.
In addition, and completely different from nearly all other areas of law, PILs 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 won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim could potentially end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant 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 on the down low. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award as soon as possible rather than having to wait. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything 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 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 PIL 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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely 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, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Elder Abuse Lawyer Near Me in Tolleson
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 602-989-1759!