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Duties of a Medical Malpractice Attorney:
Has a loved one or you become hurt either in an accident or through the neglect of someone? At times incidents can be resolved through personal insurance or through a small claims case. Occasionally it can be a good idea to drop it and move on.
But maybe you really could use someone to have your back. Someone who will really fight for your cause. Someone who will really fight for your side. Then you really need a Taylor personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and seeing things objectively is nearly impossible. But remaining cool and logically oriented can make the difference between getting the proper compensation that you deserve or leaving the case with a situation you will never recover from.
An experienced Taylor personal injury professional can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the full breadth of what could happen until conversing with a legal professional. An attorney can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with any potential case.
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What is a Taylor Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation 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 attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the legal professional 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 found, research any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation falls through, the legal professional may consider filing a lawsuit in response. But what cases could a personal injury lawyer accept?
A PIL generally handles a large variety of cases that can be divided into two primary categories. 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 at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other primary field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is nearly endless.
In addition, and completely different from most other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may very well end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates 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 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 out of the news and the public eye. 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 provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 may in many cases rather settle for 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 Duties?
First they will take care of getting 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 requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides whether or not to push to bring the claim in front of a judge. 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 everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Taylor
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!