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What a Medical Malpractice Attorney does:
Have you or a loved one become injured either in an accident or through the willful neglect of others? There are times things can be determined through personal insurance or through a small claims court. If it is very minor it can be probably best to drop it and get on with your life because it may cause you more headache than it is worth .
But sometimes you really need someone to have your back. Someone that will really gun for your cause. A professional who will fight on your side. Then you really must have a Douglas personal injury attorney that will fight for your rights, both financial and personally, so you can get 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 seeing things objectively is very hard. But remaining calm and collected can be the difference between getting the fair compensation or dropping the case with a situation you will never recover from.
A successful Douglas personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of the situation until speaking with a legal professional. A legal adviser can help you see all of this objectively, determine the potential of a 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 Douglas Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally retained to recover cash 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party can hire a personal injury professional when said case involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents in relation to your claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation falls through, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take?
The PIL usually takes a large number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 someone.
The other main study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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 wind up floating back and forth in limbo or an offer is totally unacceptable that a case could potentially end up going to trial.
However, 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is 100% 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
And lastly, 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 accusing party would 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 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Douglas
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!