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What a Medical Malpractice Attorney does:
Have you or a loved one been hurt either in an accident or through the negligence of someone? At times problems can be worked out through insurance or through a small claims case. If it is not worth fighting for it can be best to drop it and get on with your life.
But sometimes you could use someone to get your back. Someone who will gun for your cause. A person who can really fight on your side. Those are the times you really should retain a Cottonwood personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is never fun. It’s an emotional time, and being objective is very hard. However, remaining cool and collected can be the difference between receiving the proper price or going home empty handed.
A Cottonwood personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even get the implications of what could happen until conversing with a legal professional. That person can help you see all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any potential case.
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What is a Cottonwood Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity on behalf of 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 lawyer is retained by the defendant to defend 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 derived from the injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents related to your case, and use all potential resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
The PIL generally tackles a large number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 someone.
The second main study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone purposely hurts 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, unlike most other areas of the legal universe, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just 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 so simple. 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 totally 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant is totally 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 award much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation as soon as possible rather than having to wait. 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 beat the claim.
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 of benefit to either party. The accusing party may in many cases rather settle for 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim to trial. 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 Cottonwood
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 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!