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Duties of a Medical Malpractice Attorney:
Have you or a loved one become injured either in an accident or through the willful neglect of someone? Sometimes things can be dealt with by insurance or through a small claims case. Occasionally it can be probably best to drop it and get on with your life because it may cause you more headache than it is worth .
But sometimes you need someone to take your side. Someone who will really fight for your case. A professional who can really fight for your side. Then you really need a Casa Grande personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back to your life before the incident occurred.
Being injured by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. But keeping calm and collected can make the difference between getting the best price or leaving the case feeling horrible.
A successful Casa Grande personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Many people may not even understand the facts of what’s happening until speaking with a professional. A lawyer can help you see all of this in a more objective light, determine the claim and how they can help with your case, and help you move ahead with any possible claim or case.
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What is a Casa Grande Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer fight for?
A PIL usually handles a wide number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 negligence or incompetence of another person.
The other primary study of a PIL is the purposely executed tort case. A purposeful tort happens when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 claim can 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is totally 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 publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may simply 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 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. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 Personal Injury Lawyer’s Tasks?
First they will take care of gathering 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 opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the claim in front of a judge. 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 Casa Grande
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 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!