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Duties of a Nursing Home Abuse Lawyer Near Me:
But perhaps you really need someone to take your side. Someone who will really gun for your case. Someone who can really fight for your side. That’s when you really should retain a Yavapai County personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the incident occurred.
Being harmed by a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and being objective is difficult. But keeping calm and collected can make the difference between getting the proper price that you deserve or leaving the case with nothing.
An experienced Yavapai County personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even fully realize the breadth of what’s happening until conversing with a professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and if they can help with your case, and help you move forward with any potential claim or case.
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What is a Yavapai County Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually 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 begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person will hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to the claim, and use all possible resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation fails, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney fight for?
A PIL generally takes 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, vehicle accidents, child negligence, 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 negligence or incompetence of another.
The second main study of a PIL is the intentional wrongful case. An intentional tort occurs when someone purposely injures 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 reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of the legal universe, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could 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 just flat-out refused that a claim will end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is completely aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known 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 all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
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 legal professional 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 suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Yavapai County
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 602-989-1759!