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Things a Medical Malpractice Attorney does:
Have you or a loved one become hurt either in an accident or by way of the willful neglect of someone? At times incidents can be determined by personal insurance or through a small claims case. Every once in a while it can be probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to get your back. Someone that will gun for your case. Someone who will really fight for your side. Sometimes you really should retain a Fountain Hills 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 incident happened.
Being injured by a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and being objective is challenging. But remaining calm and logically oriented can be the difference between receiving the appropriate price or leaving the case with your tail between your legs.
An experienced Fountain Hills personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our intense legal system. Many people may not even fully realize the potential consequences of what’s happening until sitting down with a legal professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and whether or not they can help with your case, and help you move forward with the process of any potential case.
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What is a Fountain Hills Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means 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 start the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party may hire a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the attorney has been hired, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be contacted, get any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney fight for?
The PIL usually handles a wide number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 else.
The second main field of a PIL is the intentional tort 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. Really the potential causes for a personal injury case is basically endless.
In addition, unlike nearly all other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome 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 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 send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim can end up going to court.
However, it is rare 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 unnecessary legal fees. If the liable party is 100% 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 give much larger damages.
Secondly, a settling the case will keep it on the DL. 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 bring unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award in the near term rather than down the road. 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 required 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 of benefit to either party. The accusing party 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 claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
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 defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation works out, decides whether or not to push to bring the claim to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Medical Malpractice Attorney in Fountain Hills
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!