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What a Nursing Home Abuse Lawyer Near Me does:
Has a loved one or you been hurt either in an accident or by way of the negligence of others? Many times incidents can be determined through 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.
But perhaps you really need someone to get your back. Someone that will fight for your case. A professional who will fight for your side. Then you really should retain a Williams personal injury attorney that will fight for your rights, both financial and personally, so you can get back to your life before the incident happened.
Being victimized by a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing the situation objectively is difficult. However, remaining cool and logical can make the difference between receiving the best price or quitting the case with no money.
An experienced Williams personal injury professional can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. Most people may not even understand the full breadth of what’s happening until speaking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move forward with the process of any possible claim.
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What is a Williams Nursing Home Abuse Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, also known as litigation 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 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 will hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take on?
The PIL generally takes a large variety of cases that can be separated 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 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 another.
The other main field of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is nearly endless.
In addition, unlike nearly all other areas of law, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant 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 settling the case will keep it on the DL. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 what either party wants. 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 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 gathering 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 complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms 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 terms but not others or is in partial agreement to terms, 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 Nursing Home Abuse Lawyer Near Me in Williams
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!