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Duties of a Medical Malpractice Attorney:
Have you or a loved one been injured either in an accident or by way of the willful neglect of others? Sometimes issues can be resolved through insurance or through a small claims court. Occasionally it’s probably best to drop it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But maybe you really could use someone to take your side. Someone that will really fight for your cause. Someone who will fight on your side. Sometimes you really must have a Gila Bend personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and seeing things objectively is difficult. But keeping cool and logically oriented can be the difference between receiving the appropriate compensation or leaving the case broke.
A successful Gila Bend personal injury attorney can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the potential consequences of what could happen until conversing with a professional. A lawyer can help you realize all of this objectively, determine the claim and how they can be of service, and help you move ahead with any possible claim or case.
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What is a Gila Bend Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are generally hired to recover money 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person will hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents related to your claim, and use all their potential resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take on?
The PIL generally tackles a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 a person.
The second main study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is basically endless.
In addition, which is different than most other fields of the legal world, personal injury lawyers generally 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 should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications 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 getting in their eyes a fair 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 can end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is totally 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment 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 anything else that is necessary to win a legal battle.
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 what either party wants. The accusing party would 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in Gila Bend
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!