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Duties of a Medical Malpractice Attorney:
Has a loved one or you become hurt in an accident or by way of the neglect of someone? There are times incidents can be solved through insurance or through a small claims court. Occasionally it’s probably a good idea to walk it off and get on with your life.
But maybe you need someone to take your side. Someone who will really fight for your cause. A person who can really fight for your side. Sometimes you really should retain a Maricopa County personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or willful negligence is never fun. It’s an emotional time, and being objective is challenging. However, staying cool and logical can be the difference between getting the fair price that you deserve or quitting the case feeling like you didn’t get what you wanted.
A successful Maricopa County personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our intense legal system. Many people may not even comprehend the breadth of what could happen until speaking with a professional. An attorney can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with the process of any possible claim.
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What is a Maricopa County Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and legal costs, etc.
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 talk with all witnesses that can be contacted, get any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what cases would a personal injury lawyer take?
A PIL usually handles a large variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, 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 second primary study of a PIL is the intentional injustice case. An intentional tort happens when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is nearly endless.
In addition, which is different than pretty much all other fields of law, personal injury professionals usually 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 is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 end up in court.
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 fully 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 lend much larger damages.
Secondly, a settling the case will keep it 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 provide unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, settlement allows the injured party 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 holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 lawyer 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 suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses if they will push 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 Maricopa County
Here at DeLozier Law, we have many 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!