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Duties of a Medical Malpractice Attorney:
But at times you need someone to have your back. Someone that will fight for your cause. Someone who will really fight for your side. Those are the times you really need a Sahuarita personal injury attorney that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the incident happened.
Being harmed by a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing things objectively is nearly impossible. But staying calm and logical can be the difference between receiving the best price that you deserve or quitting the case empty handed.
An experienced Sahuarita personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. Most people may not even fully realize the facts of what’s happening until sitting down with a legal professional. That person can help you realize all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with any potential claim.
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What is a Sahuarita Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally retained to recover money or other valuables 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 begin the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to your case, and use all possible resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what kinds of cases can a personal injury attorney take on?
The PIL generally takes a large number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.
The other main study of a PIL is the intentional tort case. A purposeful tort occurs when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other fields of law, personal injury attorneys generally 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 should be 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 an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case will end up going to trial.
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 initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully 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 out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. In addition, 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 later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 would rather settle for less in a guaranteed win. This, versus holding out for maximum 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 Tasks?
First they will take care of getting 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 attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Sahuarita
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!