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Things a Medical Malpractice Attorney does:
Have you or a loved one become injured in an accident or through the willful negligence of someone? Many times problems can be dealt with through personal insurance or through a small claims case. If it is extremely minor it can be a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But sometimes you really need someone to take your side. Someone who will gun for you. A professional who will fight on your side. Sometimes you really should retain a Marana personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and being objective is nearly impossible. However, remaining calm and logical can make the difference between getting the proper payment that you deserve or dropping the case feeling incompetent.
A successful Marana personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even comprehend the full breadth of the situation until sitting down with a legal professional. That person can help you realize all of this objectively, determine the claim and whether they can help with your case, and help you move forward with any potential claim or case.
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What is a Marana Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured party could hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to your case, and use all their possible resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response. But what cases does a personal injury attorney take?
The PIL usually tackles a wide number of cases that fall 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.
The second main field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other fields of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may very well 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 lends itself to 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 would 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 DL. This is especially important for high profile people or large high profile companies. 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 fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. 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 court for even longer. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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 the best situation for either. The accusing party may in many cases rather settle for 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 legal professional 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 demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Medical Malpractice Attorney in Marana
Here at DeLozier Law, we have over 4 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!