Top Rated Medical Malpractice Attorney in Tempe
Get Legal Solutions for Your Medical Malpractice Needs in Tempe.
Call 602-989-1759 Today!
Duties of a Medical Malpractice Attorney:
Have you or a loved one been hurt either in an accident or through the neglect of someone? There are times issues can be solved by personal insurance or through a small claims case. If it is extremely minor it can be a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But there are times you need someone to get your back. Someone who will gun for your case. Someone who will fight for your side. Those are the times you really must have a Tempe personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life prior to when the incident occurred.
Being harmed by a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and seeing things objectively is very hard. However, staying cool and collected can make the difference between getting the appropriate payment that you deserve or dropping the case with no settlement.
A Tempe personal injury legal representative can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even fully realize the breadth of what might occur until speaking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move forward with the process of any potential case.
Ask Us Anything About Your Medical Malpractice Legal Needs:
What is a Tempe Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity for 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 initiate the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, gather any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation falls through, the attorney may consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
The PIL generally takes a large number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually 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 someone.
The other main study of a PIL is the intentional injustice case. A purposeful tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible causes for a personal injury case is essentially endless.
In addition, and in contrast to most other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an 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 personal injury claim can end up in front of a judge.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is fully 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. 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 bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment as soon as possible 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 simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
And lastly, settlement allows the plaintiff 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 for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turns out, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in Tempe
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!