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Duties of a Medical Malpractice Attorney:
Have you or a loved one been injured in an accident or through the negligence of someone? Sure, sometimes incidents can be worked out by personal insurance or through a small claims case. Every once in a while it can be probably a good idea to forget about it and get on with your life.
But perhaps you really could use someone to take your side. Someone that will gun for your case. A person who can really fight on your side. Then you really should have a Holbrook personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the injury happened.
Being injured by a crime, accident, or negligence is not fun. It’s a very trying time, and being objective is nearly impossible. However, remaining cool and collected can be the difference between receiving the best compensation or going home a permanently awful situation.
An experienced Holbrook personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Many people may not even understand the facts of what’s happening until conversing with a professional. An attorney can help you see all of this objectively, determine if a claim exists and if they can be of service, and help you move ahead with the process of any possible case.
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What is a Holbrook Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 another person, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to your case, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation falls through, the attorney may file a lawsuit in response. But what kinds of cases can a personal injury attorney fight for?
A PIL generally tackles a large number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is basically endless.
In addition, and completely different from nearly all other areas of the legal world, personal injury attorneys usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is 100% aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation in the near term rather than having to wait. Or they may simply not want to go through the never-ending 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 of benefit to either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to bring the case to trial. 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 Holbrook
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!