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Duties of a Medical Malpractice Attorney:
Has a loved one or you been hurt either in an accident or by way of the willful negligence of others? Sometimes things can be determined through insurance or through a small claims case. If it is not worth fighting for it’s probably best to forget about it and move forward.
But sometimes you really need someone to have your back. Someone who will really fight for you. A person who can really fight on your side. Then you really must have a Chino Valley personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life before the injury occurred.
Being hurt by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and seeing things objectively is nearly impossible. But keeping calm and logical can make the difference between receiving the fair payment that you deserve or dropping the case worse off than before.
A Chino Valley personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even comprehend the breadth of what’s happening until sitting down with a professional. A legal adviser can help you realize all of this objectively, determine if a possible claim exists and if they can be of service, and help you move forward with the process of any potential case.
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What is a Chino Valley Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 lawyer is usually hired to start the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured party might hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If negotiation fails, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
A PIL usually tackles 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, vehicle 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 carelessness or incompetence of another.
The other main study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of reasons for a personal injury case is basically endless.
In addition, which is different than most other fields of the legal world, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has overcome the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim can end up going to trial.
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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is completely aware that they are at fault for the incident that led to the claim, they would 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 out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment in the near term rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 the best situation. The plaintiff may in many cases 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 award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Medical Malpractice Attorney in Chino Valley
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 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!