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Duties of a Nursing Home Abuse Lawyer Near Me:
But perhaps you could use someone to take your side. Someone that will gun for your case. A professional who will fight for your side. Sometimes you really need a Willcox personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and seeing the situation objectively is hard. But remaining calm and collected can be the difference between receiving the fair payment that you deserve or quitting the case broke.
A Willcox personal injury legal representative can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our intense legal system. Many people may not even understand the breadth of what could happen until talking with a legal professional. That person can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with the process of any possible case.
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What is a Willcox Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are generally hired 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 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 might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation fails, the attorney can file a lawsuit in response. But what cases could a personal injury lawyer take on?
A PIL usually handles a large variety of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 carelessness or incompetence of another person.
The second primary field of a PIL is the purposely executed injustice case. An intentional tort happens 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 potential causes for a personal injury case is nearly endless.
In addition, separate from most other areas of law, personal injury lawyers generally work on a contingency fee basis. This means 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 otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications 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 getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case may end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
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. The plaintiff would 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 court case 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 attorney 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 required.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Willcox
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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 602-464-9666!