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Duties of a Medical Malpractice Attorney:
Has a loved one or you been hurt in an accident or through the neglect of others? Sometimes issues can be resolved by personal insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and move on.
But at times you need someone to have your back. Someone who will fight for your case. Someone who will really fight on your side. Those are the times you really need a Mesa personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and seeing things objectively is very hard. But keeping cool and collected can make the difference between receiving the appropriate compensation that you deserve or leaving the case feeling like you should have gotten a better deal.
An experienced Mesa personal injury professional can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of our challenging legal system. Most people may not even get the potential consequences of the situation until sitting down with a professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and whether they can be of service, and help you move ahead with any possible case.
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What is a Mesa Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be contacted, gather any and all documents related to your case, and use all available resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what cases can a personal injury attorney take?
The PIL usually handles a wide number of cases that can be separated into two primary groups. 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 carelessness or incompetence of someone else.
The second primary study of a PIL is the intentional wrongful case. A purposeful tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible reasons for a personal injury case is essentially endless.
In addition, unlike most other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there is 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 unacceptable that a personal injury claim may very well end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment in the near term 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 just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required 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 in the best interest of either party. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in Mesa
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!