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Duties of a Medical Malpractice Attorney:
Have you or a loved one become injured in an accident or through the willful neglect of someone? Sometimes incidents can be dealt with through insurance or through a small claims court. If it is very minor it’s a good idea to forget about it and get on with your life.
But maybe you need someone to have your back. Someone who will fight for your cause. A person who will really fight on your side. Then you really must have a Chandler personal injury lawyer 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 prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is not fun. It’s an emotional time, and being objective is challenging. But keeping cool and collected can make the difference between receiving the proper price that you deserve or going home a permanently awful situation.
A Chandler personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the implications of what could happen until sitting down with a legal professional. A lawyer can help you see all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move ahead with any potential case.
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What is a Chandler Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally retained to recover money or other assets 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 initiate the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems arising from the injury, and more.
After the lawyer has been hired, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents in relation to the case, and use all potential resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation fails, the legal professional may file a lawsuit in response. But what cases can a personal injury lawyer take?
The PIL usually takes a large number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person 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 possible causes for a personal injury case is pretty much endless.
In addition, which is different than nearly all other fields of the legal world, PILs almost always work on a contingency fee basis. This means 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 otherwise. Their fee is based just 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 counteroffer if they feel they are not receiving 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 personal injury claim could potentially end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the other 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And lastly, 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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation works out, decides whether or not to 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. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or only is in partial agreement, 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 Chandler
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 602-989-1759!