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Duties of a Medical Malpractice Attorney:
Has a loved one or you been injured in an accident or by way of the willful negligence of someone? Many times problems can be settled by insurance or through a small claims case. Every once in a while it’s probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you need someone to get your back. Someone who will really fight for your case. A person who will fight for your side. Then you really should retain a Yuma personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury happened.
Being injured by a crime, accident, or negligence is never enjoyable. It’s an emotional time, and being objective is nearly impossible. But keeping cool and collected can be the difference between getting the best price or going home with no money.
A great Yuma personal injury legal representative can act as an advocate 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 get the breadth of the situation until discussing the matter with a legal professional. A lawyer can help you realize all of this objectively, determine if a possible claim exists and how they can be of service, and help you move ahead with the process of any possible claim.
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What is a Yuma Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person can hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and more.
After the attorney has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then they may first attempt to work out a settlement in the case. If negotiation fails, the legal professional may file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take?
A PIL generally handles a large 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, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other primary field of a PIL is the purposely executed injustice case. A purposeful tort happens when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case will end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is fully aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And finally, 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 what either party wants. The plaintiff may in many cases rather settle for 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 Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim in front of a judge. 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 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!