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Things a Medical Malpractice Attorney does:
Has a loved one or you become hurt either in an accident or by way of the neglect of someone? Sure, sometimes issues can be solved through insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and get on with your life.
But maybe you really need someone to take your side. Someone that will fight for you. A professional who can fight on your side. That’s when you really need a Apache Junction personal injury attorney that will fight for your rights, both financial and individually, so you can roll back to your life before the incident happened.
Being harmed by a crime, accident, or negligence is not fun. It’s an emotional time, and being objective is challenging. But keeping cool and collected can be the difference between getting the best payment or leaving the case with a situation you will never recover from.
A Apache Junction personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. Many people may not even comprehend the potential consequences of what could happen until speaking with a legal professional. That person can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move ahead with any potential claim or case.
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What is a Apache Junction Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues caused by the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney take?
The PIL usually handles a large variety of cases falling into two primary groups. 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 uncaring state or incompetence of someone else.
The other main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is basically endless.
In addition, and completely different from most 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 or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may very well end up in front of a judge.
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 costs. If the defendant 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 settlement can help keep the case low profile. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award in the near term rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 would rather settle for a little less in a guaranteed win. This, versus holding out for 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.
What are the PIL Duties?
First they will take care of gathering 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 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, decides whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Apache Junction
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 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!