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Things a Medical Malpractice Attorney does:
Have you or a loved one been injured in an accident or by way of the negligence of others? There are times incidents can be resolved by insurance or through a small claims case. If it is not worth fighting for it can be best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you need someone to take your side. Someone that will really gun for your cause. Someone who will really fight for your side. Sometimes you really need a Cave Creek personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not fun. It’s a very trying time, and seeing things objectively is nearly impossible. However, staying cool and collected can make the difference between getting the appropriate payment that you deserve or quitting the case with no settlement.
An experienced Cave Creek personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even realize the full breadth of what could happen until conversing with a legal professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move ahead with any possible claim or case.
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What is a Cave Creek Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity on behalf of 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 bring the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and more.
After the attorney has been hired, they will gather everything from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then he or she may first try to work out the settlement of the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
A PIL generally takes a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 someone else.
The second main study of a PIL is the intentional injustice case. A purposeful tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of law, personal injury lawyers almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. 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 these 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 totally unacceptable that a claim could potentially 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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment as soon as possible 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 everything else that is necessary to beat the claim.
And lastly, 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 would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely 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 lawyer has built 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only partially agrees, 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 file a claim in court.
Choose the Successful Medical Malpractice Attorney in Cave Creek
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!