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What a Medical Malpractice Attorney does:
Have you or a loved one become injured either in an accident or through the willful neglect of someone? Sometimes problems can be solved through insurance or through a small claims case. Occasionally it can be 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 spending your time on.
But at times you really need someone to get your back. Someone who will fight for your cause. A professional who will really fight for your side. Those are the times you really should have a Buckeye personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can get back to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not a good time. It’s an extremely trying time, and being objective is nearly impossible. But remaining cool and logical can make the difference between receiving the fair compensation or dropping the case with a situation you will never recover from.
A great Buckeye personal injury professional can act as a counselor between you and the challenging situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even fully realize the breadth of what could happen until talking with a professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with any potential claim.
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What is a Buckeye Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other financial means from a person or legal entity for 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 start the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party may retain a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to your case, and use all available resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation falls through, the lawyer may consider filing a lawsuit in response. But what cases could a personal injury attorney take on?
A PIL generally tackles a wide variety of cases that can be divided into two primary groups. 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 primary field of a PIL is the intentional tort case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 totally unacceptable that a personal injury claim can end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is completely 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation as soon as possible rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything 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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in Buckeye
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!