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What a Medical Malpractice Attorney does:
But perhaps you really need someone to have your back. Someone who will really fight for you. A person who will really fight on your side. Sometimes you really should retain a Clarkdale personal injury professional that will fight for your rights, both in regards to finances and personal, so you can get back to your life prior to when the injury happened.
Being the victim of a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and seeing the situation objectively is challenging. However, staying calm and logical can make the difference between receiving the appropriate price that you deserve or dropping the case empty handed.
An experienced Clarkdale personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even realize the potential consequences of what’s happening until conversing with a legal professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and whether or not they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Clarkdale Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally hired 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything in the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents in relation to the claim, and use all available resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation doesn’t work, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take on?
The PIL usually handles a large variety 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 negligence, and wrongful death cases. Wrongful death is usually at the hands of 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.
The second main study of a PIL is the purposely executed wrongful 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 causes for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of law, personal injury lawyers nearly 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 otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 unacceptable that a claim could potentially end up going to court.
However, 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 unnecessary legal costs. If the defendant is fully 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment in the near term rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 the best situation for either. The accusing party 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 due to unknown circumstances pretrial.
What are the PIL 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 detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Medical Malpractice Attorney in Clarkdale
Here at DeLozier Law, we have many 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 602-464-9666!