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Things a Medical Malpractice Attorney does:

Medical Malpractice Attorney in Eloy for 2024Has a loved one or you become injured either in an accident or by way of the willful neglect of someone? Sure, sometimes incidents can be determined through personal insurance or through a small claims court. Every once in a while it can be probably a good idea to forget about it and get on with your life.

But maybe you need someone to have your back. Someone who will fight for your cause. A person who can fight for your side. Then you really should retain a Eloy personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life before the injury happened.

Being harmed by a crime, accident, or negligence is never fun. It’s a very trying time, and being objective is nearly impossible. But staying cool and logical can be the difference between receiving the proper compensation that you deserve or quitting the case with no recourse.

A Eloy personal injury legal representative 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 discussing the matter with a legal professional. An attorney can help you see all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move ahead with the process of any potential claim.

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    What is a Eloy Medical Malpractice Attorney?

    You’ve probably noticed them on TV, on highway billboards, YouTube, in newspapers, and on social media. Personal injury lawyers look like they are all over the place! But what do they really do?

    To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually 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 lawyer is usually hired to initiate the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party can retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.

    After the PIL has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all their available resources to verify all of their is accurate.

    Then he or she will first try to negotiate a settlement in the case. If that negotiation falls through, the legal professional could fie a lawsuit in response. But what kinds of cases does a personal injury lawyer fight for?

    The PIL generally tackles a large variety of cases falling 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. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.

    The other main study of a PIL is the purposely executed tort case. A purposeful tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is pretty much endless.

    In addition, which is different than pretty much all other fields of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.

    What Could the Result Be in an Injury Case?

    As mentioned, the only possible result of a case like this will either be a settlement or trial, unless the plaintiff quits the claim for some reason. However many personal injury cases end up settling out of court. What this means is that either the accused party sends an offer to the injured party, and the proposal is either deemed acceptable by the injured party and their lawyer or it is not accepted and additional negotiation is successful, or the plaintiff makes the demand for payment and the defending party accepts terms that please the plaintiff.

    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 receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up in court.

    But 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 party that is liable is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.

    Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties 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 months or longer. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award 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 never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.

    And finally, 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 highest 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 Tasks?

    The tasks of a personal injury professional are broad, but at their core are relatively simple to understand. You probably have a lot of thoughts regarding your case because you may be unfamiliar with the law and courtroom proceedings. Your legal professional can answer your questions and help you navigate the legalese of your case.

    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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.

    Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or only partially agrees to terms, 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 go to court.

    Choose the Successful Medical Malpractice Attorney in Eloy

    When you need a PIL, hiring a Eloy Medical Malpractice Attorney can be a challenging task. There are many options on the table and attorneys that can help, and it can be hard to distinguish who will do right by you when the market is so saturated with competition. And Eloy is no different. You want an attorney that is experienced in your field of law and has been successful with many of their cases. No attorney in the world can win all cases and there is never a guarantee of winning any case, but you definitely want one that only takes cases they feel have a good chance of winning the case. Otherwise it is a waste of time and resources for all involved.

    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!