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What a Nursing Home Abuse Lawyer Near Me does:
Have you or a loved one become injured in an accident or by way of the neglect of others? Many times incidents can be settled by personal insurance or through a small claims case. Every once in a while it can be best to walk it off and get on with your life.
But sometimes you could use 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 retain a Winslow personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back to your life before the incident occurred.
Being hurt in a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and being objective is very hard. But keeping cool and logical can make the difference between receiving the best compensation or leaving the case with nothing.
A great Winslow personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even get the breadth of what could happen until discussing the matter with a legal professional. A legal adviser can help you realize all of this objectively, determine if a possible claim exists and whether or not they can help with your case, and help you move forward with any potential claim or case.
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What is a Winslow Nursing Home Abuse Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are usually retained to recover money or other financial instruments 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation fails, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take on?
A PIL usually 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, vehicle accidents, child neglect, 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 uncaring state or incompetence of a person.
The second main study of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person purposely 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 list of reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon 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 can send back a 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 just flat-out refused that a claim may end up going to court.
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 costs. If the defendant is totally 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 low profile. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation in the near term rather than later. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Winslow
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!