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What a Medical Malpractice Attorney does:
Have you or a loved one been hurt in an accident or by way of the neglect of someone? There are times issues can be resolved by personal insurance or through a small claims case. Occasionally it’s best to drop it and move forward.
But perhaps you could use someone to take your side. Someone who will fight for your cause. Someone who will fight for your side. Sometimes you really should have a Pinal County personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and seeing things objectively is challenging. However, staying calm and collected can be the difference between receiving the best payment that you deserve or going home feeling like you didn’t get what you wanted.
A successful Pinal County personal injury attorney can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the breadth of what might occur until discussing the matter with a legal professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and whether or not they can help with your case, and help you move forward with the process of any possible claim.
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What is a Pinal County Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means 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 a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury professional when said case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, gather 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 may first try to negotiate the settlement of the case. If negotiation fails, the legal professional will consider filing a lawsuit in response. But what cases would a personal injury lawyer fight for?
A PIL generally tackles a large variety of cases that can be separated into two primary groups. 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 wrongful case. A purposeful tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of the legal world, PILs almost always work on a contingency fee basis. What this means is 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 Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving 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 may very well end up going to court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defending party is totally 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 award 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 public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than later. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely 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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Medical Malpractice Attorney in Pinal 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!