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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 neglect of others? Sometimes things can be determined through insurance or through a small claims court. Every once in a while it’s probably best to forget about it and get on with your life because it may cause you more headache than it is worth spending your time on.
But there are times you need someone to get your back. Someone who will really fight for your cause. Someone who can really fight for your side. Then you really must have a Colorado City personal injury lawyer that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever a good time. It’s an emotional roller coaster, and being objective is hard. However, keeping cool and collected can make the difference between receiving the best price or leaving the case a permanently awful situation.
An experienced Colorado City personal injury attorney 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 fully realize the full breadth of the situation until talking with a legal professional. An attorney can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move ahead with any possible case.
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What is a Colorado City Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party may hire a personal injury lawyer when the case involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything from 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 claim, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer take?
The PIL generally handles a wide variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated injustice 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 reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely 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 send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case may end up in front of a judge.
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 initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party 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 lend 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 big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term rather than later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a 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 both sides reach an agreement, decides whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Colorado City
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!