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Things a Medical Malpractice Attorney does:
Has a loved one or you been injured either in an accident or by way of the willful negligence of others? Many times things can be dealt with by insurance or through a small claims case. Every once in a while it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth spending your time on.
But maybe you need someone to take your side. Someone that will gun for you. A person who will really fight for your side. Those are the times you really should retain a Surprise personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life prior to when the incident happened.
Being harmed by a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. But keeping calm and logically oriented can make the difference between receiving the fair price that you deserve or quitting the case broke.
A great Surprise personal injury professional can act as a buffer between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even realize the potential consequences of what might occur until speaking with a legal professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move forward with the process of any possible claim.
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What is a Surprise Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity for 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 bring the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party will retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to the case, and use all their potential resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney fight for?
A PIL generally handles a wide number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second primary study of a PIL is the intentional tort case. An intentional tort happens when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of the legal universe, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen 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 enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim will end up going to court.
However, 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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is totally 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly 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 allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial payment as soon as possible rather than having to wait. Or they may just 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 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 of benefit to either party. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Surprise
Here at DeLozier Law, we have many 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!