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Things a Medical Malpractice Attorney does:
But maybe you could use someone to get your back. Someone that will gun for your case. Someone who can really fight for your side. That’s when you really need a Benson personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or willful negligence is not ever fun. It’s an emotional time, and seeing things objectively is difficult. However, keeping cool and logical can be the difference between receiving the proper compensation or going home with no money.
An experienced Benson 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 challenging legal system. Many people may not even realize the implications of the situation until sitting down with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with any possible case.
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What is a Benson Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other financial means 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 attorney is usually hired to start the lawsuit and another civil lawyer 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 lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney fight for?
A PIL generally tackles a wide number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second primary study of a PIL is the intentional wrongful case. An intentional tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is essentially endless.
In addition, which is different than pretty much all other areas of law, PILs generally 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 overcome 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 Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is 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 might not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it 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 agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment 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 go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 the best situation for either. 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.
What are the PIL Tasks?
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 complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not 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. 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 of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Benson
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 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!