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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 willful neglect of others? Sure, sometimes incidents can be solved by personal insurance or through a small claims case. Every once in a while it’s best to walk it off and move forward.
But sometimes you need someone to take your side. Someone that will really gun for you. A professional who can fight for your side. Then you really need a Dewey-Humboldt personal injury professional that will fight for your rights, both in regards to money and personal, so you can roll back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and being objective is difficult. However, keeping calm and collected can be the difference between getting the best price that you deserve or dropping the case feeling like you should have gotten a more appropriate solution.
An experienced Dewey-Humboldt personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to deal with the ins and outs of our legal system. Most people may not even understand the full breadth of what might occur until discussing the matter with a professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Dewey-Humboldt Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired to recover money or other valuables 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 bring the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party could hire a personal injury lawyer when said case involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents related to your claim, and use all their potential resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
The PIL generally handles a wide variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other main field of a PIL is the intentional tort case. A purposeful tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of the legal universe, personal injury lawyers almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there is 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 necessarily easy. The injured party could counteroffer if they feel they are not getting 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 may very well end up in front of a judge.
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 unneeded 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 give 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 public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 the best situation for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Medical Malpractice Attorney in Dewey-Humboldt
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!