Top Rated Medical Malpractice Attorney in Safford For 2024
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Duties of a Medical Malpractice Attorney:
Has a loved one or you become hurt either in an accident or by way of the willful negligence of others? At times problems can be worked out through insurance or through a small claims court. Every once in a while it’s probably a good idea to forget about it and get on with your life.
But at times you could use someone to have your back. Someone that will gun for you. A person who can really fight for your side. Those are the times you really should have a Safford personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back to your life before the injury occurred.
Being harmed by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is difficult. However, remaining cool and collected can be the difference between getting the appropriate compensation or going home worse off than before.
A Safford personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even realize the breadth of what’s happening until discussing the matter with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move ahead with the process of any possible claim.
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What is a Safford Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party will retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents in relation to your claim, and use all their available resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation fails, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney fight for?
A PIL usually takes a wide number 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 neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible reasons for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other areas of law, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim can 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 fees. If the liable party is 100% 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 provide 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. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner rather than having to wait. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, settlement allows the injured party 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 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 claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Medical Malpractice Attorney in Safford
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!