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Duties of a Medical Malpractice Attorney:
Has a loved one or you been hurt in an accident or by way of the neglect of someone? There are times things can be worked out by insurance or through a small claims court. Every once in a while it can be probably best to forget about it and get on with your life.
But there are times you really could use someone to get your back. Someone who will fight for your cause. Someone who can fight for your side. Then you really should retain a St. Johns personal injury attorney that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is challenging. But staying calm and logically oriented can be the difference between receiving the proper price or quitting the case worse off than before.
An experienced St. Johns personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of the legal system. Most people may not even realize the full breadth of what’s happening until sitting down with a professional. An attorney can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move forward with any possible claim.
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What is a St. Johns Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil 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 lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person could hire a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
A PIL usually tackles a large number of cases that can be separated into two main 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 a person.
The second primary study of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of the legal world, personal injury professionals 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 any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 case may end up going to trial.
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 party that is liable 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 give much larger damages.
Secondly, a settlement can help keep the case on the down low. 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 allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in St. Johns
Here at DeLozier Law, we have many 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!