Top Rated Medical Malpractice Attorney in Litchfield Park
Get Legal Solutions for Your Medical Malpractice Needs in Litchfield Park.
Call 602-989-1759 Today!
Duties of a Medical Malpractice Attorney:
Has a loved one or you been hurt in an accident or by way of the negligence of someone? At times issues can be settled through insurance or through a small claims court. If it is not worth fighting for it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But there are times you really could use someone to have your back. Someone that will really fight for your case. A person who can fight on your side. Sometimes you really should retain a Litchfield Park personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury happened.
Being the victim of a crime, accident, or negligence is not enjoyable. It’s a very trying time, and being objective is nearly impossible. But keeping cool and logical can be the difference between receiving the appropriate compensation that you deserve or quitting the case with no recourse.
A great Litchfield Park personal injury legal representative can act as a buffer between you and the challenging situation, making it easier to handle the ins and outs of the legal system. Most people may not even realize the breadth of what might occur until discussing the matter with a professional. That person can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with any possible claim or case.
Ask Us Anything About Your Medical Malpractice Legal Needs:
What is a Litchfield Park Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally 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 attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person might retain a personal injury professional when the dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation falls through, the attorney can file a lawsuit in response. But what cases could a personal injury lawyer fight for?
A PIL generally handles a large number of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be 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 someone.
The other primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the 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 necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up going to court.
However, it is unusual 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 unneeded legal fees. 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 down low. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required 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 accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Medical Malpractice Attorney in Litchfield Park
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 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!