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What a Medical Malpractice Attorney does:
But there are times you could use someone to take your side. Someone that will really fight for your case. A person who can fight for your side. That’s when you really should retain a Arizona personal injury lawyer 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 injury happened.
Being unwillingly involved in a crime, accident, or negligence is not fun. It’s an emotional time, and being objective is nearly impossible. But keeping cool and logical can make the difference between getting the fair payment or going home broke.
An experienced Arizona personal injury professional can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. Many people may not even realize the full breadth of what could happen until conversing with a professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move forward with any possible claim.
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What is a Arizona Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are usually 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 another person, a civil attorney is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury lawyer when said case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents in relation to your case, and use all their potential resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation fails, the legal professional may consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer fight for?
A PIL usually tackles 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, auto accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, unlike pretty much all other areas of law, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could Happen in an 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 end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 the best situation for either. 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 formed 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 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 defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Arizona
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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 602-464-9666!