Top Rated Medical Malpractice Attorney in El Mirage For 2024
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Duties of a Medical Malpractice Attorney:
Has a loved one or you become injured either in an accident or through the willful neglect of someone? There are times incidents can be resolved through insurance or through a small claims court. Occasionally it’s best to forget about it and get on with your life.
But there are times you could use someone to have your back. Someone who will really gun for you. A person who can really fight on your side. Those are the times you really should retain a El Mirage personal injury professional that will fight for your rights, both financial and personally, so you can get back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or negligence is not ever enjoyable. It’s an extremely trying time, and seeing the situation objectively is challenging. But keeping cool and collected can be the difference between getting the fair compensation that you deserve or quitting the case feeling like you didn’t get what you wanted.
An experienced El Mirage personal injury professional can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Most people may not even realize the facts of what could happen until discussing the matter with a legal professional. A legal adviser can help you see all of this objectively, determine the claim and how they can be of service, and help you move forward with any potential claim.
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What is a El Mirage Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, also known as litigation 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 another person, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant. In the case of bodily injury, the injured person will retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything for 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 the case, and use all their available resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer accept?
The PIL usually takes a large number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 another.
The second main field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, unlike pretty much all other areas of law, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just 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 last steps of the process aren’t so simple. 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 unacceptable that a case can end up in court.
However, it is rare 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 unnecessary legal costs. If the defendant is fully aware that they are at fault for the incident that led to the claim, they probably do 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 out of the news and the public eye. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Medical Malpractice Attorney in El Mirage
Here at DeLozier Law, we have many 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!