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Duties of a Medical Malpractice Attorney:
Has a loved one or you become hurt in an accident or by way of the negligence of others? Sometimes incidents can be settled by personal insurance or through a small claims case. If it is not worth fighting for it’s probably best to walk it off and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But at times you could use someone to take your side. Someone that will fight for you. A professional who can fight on your side. Sometimes you really should retain a Carefree personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, staying cool and collected can make the difference between getting the appropriate compensation or quitting the case with nothing.
An experienced Carefree personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even fully realize the facts of what could happen until conversing with a professional. An attorney can help you realize all of this objectively, determine the claim and how they can be of service, and help you move ahead with the process of any potential claim.
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What is a Carefree Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets 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 attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person may retain a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to the claim, and use all their potential resources to make sure all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take?
A PIL generally takes a large number of cases that can be divided into two primary 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.
The other primary study of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could the Result Be 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a case could potentially end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Carefree
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!