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What a Medical Malpractice Attorney does:
Have you or a loved one become hurt either in an accident or by way of the negligence of others? There are times issues can be settled through insurance or through a small claims court. Occasionally it’s probably best to walk it off and get on with your life.
But perhaps you really need someone to get your back. Someone that will really gun for your case. Someone who can really fight on your side. That’s when you really must have a Coolidge personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or negligence is not ever fun. It’s an extremely trying time, and being objective is nearly impossible. However, staying calm and logical can make the difference between receiving the appropriate compensation that you deserve or quitting the case with your tail between your legs.
An experienced Coolidge personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. Most people may not even realize the breadth of what could happen until conversing with a professional. That person can help you see all of this objectively, determine if a claim exists and how they can be of service, and help you move ahead with the process of any potential claim or case.
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What is a Coolidge Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 attorney is usually hired to start the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will retain a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as health costs, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents in relation to your case, and use all their potential resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation falls through, the lawyer could fie a lawsuit in response. But what cases would a personal injury attorney accept?
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, car accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second primary study of a PIL is the purposely executed injustice case. An intentional tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from most other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is completely 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 award 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 lengthy trial brings public attention. And even a small trial can provide 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 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 in the near term rather than having to wait. Or they may simply 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 lastly, 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 maximum 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 finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Coolidge
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 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!