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Duties of a Medical Malpractice Attorney:
Have you or a loved one become injured in an accident or by way of the willful neglect of others? At times incidents can be settled through personal insurance or through a small claims case. Every once in a while it’s best to drop it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But there are times you really could use someone to take your side. Someone who will gun for you. A professional who can fight on your side. Sometimes you really must have a Coconino County personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life before the injury happened.
Being harmed by a crime, accident, or negligence is not enjoyable. It’s an emotional roller coaster, and seeing things objectively is hard. But remaining calm and collected can make the difference between getting the best payment or quitting the case empty handed.
A Coconino County personal injury professional can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our intense legal system. Many people may not even realize the full breadth of what’s happening until discussing the matter with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and how they can be of service, and help you move forward with any potential claim or case.
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What is a Coconino County Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover cash or other assets from a person or legal entity on behalf of 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 begin the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury lawyer when said case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues caused by the injury, and more.
After the lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take?
A PIL generally takes a large variety of cases falling 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 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 someone else.
The second primary field of a PIL is the intentional tort case. A purposeful tort happens when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential reasons for a personal injury case is pretty much endless.
In addition, unlike most other areas of the legal universe, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could 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 just flat-out refused that a 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 a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely aware that they are at fault for the incident that led to the claim, they may 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 high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment sooner rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And finally, 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 plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of 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 gathering 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 detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in Coconino County
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 602-989-1759!