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Duties of a Medical Malpractice Attorney:
Has a loved one or you become injured in an accident or by way of the willful neglect of someone? Many times issues can be settled through insurance or through a small claims case. Occasionally it’s probably best to drop it and get on with your life.
But maybe you need someone to take your side. Someone that will gun for your cause. Someone who will really fight on your side. That’s when you really must have a Greenlee County personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can roll back to your life prior to when the injury happened.
Being injured by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, keeping calm and collected can be the difference between receiving the best payment that you deserve or quitting the case feeling like you should have gotten a better deal.
An experienced Greenlee County personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even realize the facts of what might occur until discussing the matter with a professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Greenlee County Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity for 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 person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents in relation to the case, and use all potential resources to verify all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation doesn’t work, the attorney may consider filing a lawsuit in response. But what cases would a personal injury lawyer accept?
The PIL generally takes a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The other main study of a PIL is the intentional tort case. A purposeful tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other areas of law, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the 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 could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may very well end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party 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 lend much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to fully 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 many months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award as soon as possible rather than later. Or they may simply not want to complete the never-ending 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 what either party wants. 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 getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or is in partial agreement to terms, 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 Greenlee County
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 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!