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Duties of a Medical Malpractice Attorney:
Has a loved one or you become injured in an accident or through the negligence of someone? Sure, sometimes incidents can be solved by personal insurance or through a small claims court. Every once in a while it’s a good idea to drop it and move on.
But maybe you really could use someone to take your side. Someone that will gun for your case. Someone who will fight for your side. That’s when you really should have a Florence personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury occurred.
Being victimized by a crime, accident, or negligence is not fun. It’s an extremely trying time, and being objective is nearly impossible. But keeping calm and logically oriented can be the difference between receiving the fair payment or dropping the case feeling incompetent.
A successful Florence personal injury attorney can act as a counselor between you and the difficult 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 realize the full breadth of what might occur until conversing with a legal professional. A lawyer can help you see all of this objectively, determine the potential of a claim 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 Florence Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover cash 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 lawyer is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party can retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems caused by the injury, and more.
After the PIL has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney accept?
The PIL generally handles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other primary field of a PIL is the purposely executed injustice case. A purposeful tort happens when someone intentionally injures 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 causes for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final 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 unacceptable that a personal injury claim can end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally 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 provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment in the near term rather than having to wait. Or they may simply not want to go through 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 of benefit to either party. 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 PIL Tasks?
First they will take care of finding 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 detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms.
Choose the Successful Medical Malpractice Attorney in Florence
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 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!