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Duties of a Medical Malpractice Attorney:
Has a loved one or you been hurt either in an accident or by way of the negligence of someone? Sometimes incidents can be determined by insurance or through a small claims court. Occasionally it can be a good idea to drop it and get on with your life.
But perhaps you really could use someone to get your back. Someone that will gun for your cause. A person who can really fight for your side. Those are the times you really need a Wickenburg personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident happened.
Being hurt by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is hard. However, remaining calm and logical can make the difference between receiving the best price or quitting the case a permanently awful situation.
A Wickenburg personal injury professional can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even understand the breadth of what might occur until conversing with a legal professional. A legal adviser 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 possible claim.
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What is a Wickenburg Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired 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 someone else, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party will hire a personal injury professional when said case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents related to your claim, and use all their possible resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation falls through, the lawyer can file a lawsuit in response. But what cases does a personal injury lawyer fight for?
A PIL usually tackles a large number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 another.
The second primary study of a PIL is the purposefully perpetrated wrongful case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is pretty much endless.
In addition, which is different than nearly all other areas of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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 personal injury claim may end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is completely 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases 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 probably wants financial compensation 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 anything else that is required to win the case.
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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
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 defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court 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 Wickenburg
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!