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Duties of a Medical Malpractice Attorney:
Has a loved one or you become injured either in an accident or through the willful neglect of others? Sometimes things can be solved by insurance or through a small claims case. Occasionally it can be a good idea to forget about it and get on with your life.
But sometimes you need someone to have your back. Someone that will fight for your case. Someone who will fight on your side. Those are the times you really should retain a Avondale 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 injury occurred.
Being injured by a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is difficult. However, remaining calm and logically oriented can make the difference between receiving the proper compensation or dropping the case with no money.
An experienced Avondale personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. Most people may not even fully realize the full breadth of what could happen until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and whether they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Avondale Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, which are also known as litigation 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 another person, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury professional when said dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and more.
After the PIL has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be found, get any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If negotiation fails, the lawyer may file a lawsuit in response. But what kinds of cases would a personal injury attorney fight for?
The PIL usually takes a wide number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 a person.
The other primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible causes for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other areas of the legal world, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who 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 financial compensation received by their client.
What Are the Implications 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 do not get agreed upon or an offer is unacceptable that a case may very well end up in front of a judge.
But 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 unnecessary legal costs. If the liable party is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to fully 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. In addition, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial award in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything 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 the best situation. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest 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 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, decides 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 put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Avondale
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 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!