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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 willful negligence of others? Sometimes incidents can be determined by insurance or through a small claims case. Every once in a while it’s probably best to forget about it and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But sometimes you need someone to take your side. Someone that will really fight for your cause. Someone who can really fight for your side. That’s when you really should have a Tucson personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back to your life before the injury happened.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s an emotional time, and being objective is difficult. But keeping calm and logical can be the difference between getting the appropriate compensation or going home feeling like you didn’t get what you wanted.
A Tucson personal injury attorney can act as an advocate between you and the challenging 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 get the breadth of the situation until talking with a legal professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move ahead with any potential case.
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What is a Tucson Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured person may retain a personal injury attorney when the case involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take?
A PIL usually handles a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary study of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other fields of the legal universe, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that 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 financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a case will end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is 100% 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 well-known people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. Adding to that, if the other party 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 go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And finally, 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 in the best interest of either party. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 happened, of injuries incurred, 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 if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only partially agrees, it will be up to the plaintiff 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 Tucson
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 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!