Top Rated Nursing Home Abuse Lawyer Near Me in Yuma For 2024
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Duties of a Nursing Home Abuse Lawyer Near Me:
Have you or a loved one been hurt in an accident or through the negligence of others? Sure, sometimes issues can be dealt with by insurance or through a small claims case. Occasionally it’s probably best to forget about it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But perhaps you need someone to take your side. Someone that will really gun for your case. A professional who will fight for your side. Sometimes you really must have a Yuma personal injury professional that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life prior to when the injury happened.
Being hurt by a crime, accident, or willful negligence is never fun. It’s an emotional time, and seeing things objectively is challenging. However, staying calm and logically oriented can make the difference between receiving the proper compensation or quitting the case with nothing.
An experienced Yuma personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of our intense legal system. Many people may not even realize the implications of the situation until speaking with a legal professional. That person can help you see all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Yuma Nursing Home Abuse Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
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, research any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
A PIL usually takes a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 another.
The other main field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is essentially endless.
In addition, separate from pretty much all other areas of law, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning 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 Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may end up going to trial.
But it is rare 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 fees. If the defending party is completely 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 well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial award sooner rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Nursing Home Abuse Lawyer Near Me in Yuma
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 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!