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Things a Medical Malpractice Attorney does:
Have you or a loved one been hurt in an accident or by way of the willful neglect of someone? At times things can be worked out by insurance or through a small claims court. Every once in a while it can be probably a good idea to walk it off and move on because it may cause you more headache than it is worth .
But maybe you really need someone to get your back. Someone who will gun for your cause. Someone who will fight on your side. Then you really should retain a Clifton personal injury professional that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is very hard. However, staying cool and logical can be the difference between receiving the fair payment or quitting the case with no settlement.
An experienced Clifton personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. Most people may not even fully realize the potential consequences of what might occur until speaking with a legal professional. A lawyer can help you realize all of this in a more objective light, determine the claim and how they can be of service, and help you move forward with the process of any possible case.
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What is a Clifton Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that are available, research any and all documents related to your claim, and use all potential resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the lawyer could fie a lawsuit in response. But what kinds of cases could a personal injury lawyer take on?
A PIL usually tackles a wide variety of cases that can be separated into two primary fields. 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 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.
The other primary field 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. In the end, the list of reasons for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of law, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. 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 necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case will end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party is fully 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 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. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation sooner rather than down the road. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, 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 in the best interest of either party. The accusing party may in many cases rather settle for a little 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation worked out, chooses if they will push to bring the case 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 Clifton
Here at DeLozier Law, we have many 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!