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What a Nursing Home Abuse Lawyer Near Me does:
Have you or a loved one been hurt either in an accident or by way of the willful negligence of someone? Sometimes problems can be resolved by insurance or through a small claims case. Occasionally it’s a good idea to drop it and move on.
But sometimes you really could use someone to get your back. Someone that will really gun for your cause. A professional who can fight for your side. Sometimes you really should have a Wellton personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and being objective is nearly impossible. But staying cool and logical can make the difference between receiving the appropriate compensation or dropping the case feeling horrible.
A successful Wellton personal injury lawyer can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even get the facts of what could happen until discussing the matter with a legal professional. A legal adviser can help you see all of this objectively, determine if a claim exists and if they can be of service, and help you move ahead with any potential claim.
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What is a Wellton Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 another person, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents in relation to the case, and use all potential resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer fight for?
A PIL generally tackles a wide variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second primary field of a PIL is the intentional injustice case. A purposeful tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to most other areas of law, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person who 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 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 the last steps of the process aren’t so simple. The injured party can 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 totally unacceptable that a case may very well end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is completely 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 low profile. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment in the near term rather than down the road. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And lastly, 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 the best situation for either. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to 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, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Wellton
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!