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Duties of a Medical Malpractice Attorney:
Has a loved one or you been injured either in an accident or through the willful neglect of others? Sometimes things can be settled by personal insurance or through a small claims case. Occasionally it can be probably best to walk it off and move forward.
But sometimes you could use someone to get your back. Someone that will gun for your cause. A person who can really fight on your side. Sometimes you really should have a Bisbee personal injury attorney that will fight for your rights, both financial and individually, so you can get back to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and seeing things objectively is difficult. But staying cool and collected can be the difference between getting the best price or leaving the case feeling incompetent.
A Bisbee personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Many people may not even realize the full breadth of what’s happening until conversing with a professional. A legal adviser can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move ahead with any possible case.
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What is a Bisbee Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other financial instruments 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 lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured person will hire a personal injury attorney when the case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues caused by the injury, and more.
After the PIL has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If that negotiation falls through, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney accept?
A PIL generally handles a wide variety of cases that fall into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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.
The other primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other fields of the legal world, personal injury attorneys nearly 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 beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. 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 wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim could potentially end up in court.
However, 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 unnecessary legal fees. If the liable party is completely 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 settling the case will keep it on the down low. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation sooner rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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 of benefit to either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking 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 finding 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 defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Bisbee
Here at DeLozier Law, we have over 4 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!