Assisted living facilities across the U.S. are a place of refuge and comfort for the 800,000 old and ailing residents residing there. The facilities provide residents with comfortable living quarters, feed them, ensure their safety, and provide necessary services to keep their clients as comfortable as possible.
However, some facilities neglect their duty of care toward the residents leading to personal injuries. You have a legal right to pursue personal injury compensation through an assisted living facility attorney in case of neglect. An assisted living facility lawyer will file your claim and pursue it until settlement.
Below are five ways an assisted living facility lawyer can get you fair compensation.
1. Case Analysis and Decision Making
An assisted living facility lawyer first evaluates your allegations to determine whether your claim holds water. It would be a waste of time and resources to file a claim or a lawsuit only to get it denied or thrown out. You must explain how the negligence occurred, identify the responsible parties, produce any evidence you might have, and answer the attorney’s questions.
The attorney digs deeper into the criminal background of the staff or contractor working in the assisted care facilities. Depending on the claim’s validity, the lawyer offers legal counsel, for example, whether to file a compensation claim or a lawsuit. This ensures you get fair compensation at the end of the judicial process.
2. Gives You an Idea of the Compensation You Deserve
Many seniors in assisted living facilities don’t know their rights and the compensation they deserve if those rights aren’t upheld. Insurance companies take advantage of this ignorance to present a low settlement offer once the senior files a compensation claim. The seniors can easily accept the low-value settlement since they lack an idea of their claim’s worth.
An assisted living facility lawyer interprets the victims’ rights, including the value of their settlement, once they file a claim. This way, the victims can decide whether to accept or reject the offer on the table. To get fair compensation, you must know the type of damages to include in the claim forms and their value.
3. Knowledge of Jurisdiction
A good lawyer determines the jurisdiction of your claim or lawsuit. This is the government’s power to interpret and apply legal statutes. Your assisted living facility lawyer can determine whether your lawsuit falls under federal or local state laws.
For example, a Charleston lawyer is already familiar with local South Carolina laws governing personal injury. They can effectively apply this knowledge to file the claim correctly within the statute of limitations. The knowledge of jurisdiction ensures your claim or lawsuit proceeds to negotiation, where you can get fair compensation.
4. Builds a Strong Case to Maximize Your Chances of Fair Compensation
The strength of your living facility lawsuit decides whether or not you receive the compensation you deserve. An experienced attorney works hard from the onset to create a watertight personal injury lawsuit. A strong lawsuit usually has a better chance of winning if the case goes to trial.
The presence of an experienced lawyer can influence the defendant’s actions. The defendant or their insurer may give a low settlement offer if your case is weak. A strong case backed by substantial evidence and an assisted care facility lawyer can compel the defendant to increase the value of their offer and settle the matter out of court.
5. Help Negotiate on Your Behalf
Many claim lawsuits are settled out of court. However, an estimated 4% to 5% make it to trial. If yours proceeds to trial and settlement, the assisted living facility lawyer negotiates and represents you in court. They present your case in the best manner possible to maximize the compensation.
Furthermore, they coach you on avoiding the loops and hurdles the defendant’s legal counsel places on your way.
Final Word
The legal process of filing and pursuing a personal injury claim can be complex and overwhelming, especially for assisted-care facility residents. Thankfully, you don’t have to do it alone. An assisted living facility lawyer will file your claim, collect incriminating evidence against the defendants and explain your rights. After building a watertight case, they fight for your rights in court until you receive fair compensation.
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