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Duties of a Medical Malpractice Attorney:
But perhaps you really could use someone to get your back. Someone who will fight for you. A professional who will really fight for your side. Then you really should have a Gila County personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life prior to when the incident happened.
Being injured by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and seeing the situation objectively is difficult. However, staying calm and logical can make the difference between getting the fair price that you deserve or dropping the case broke.
A successful Gila County personal injury lawyer can act as a buffer between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even understand the breadth of the situation until discussing the matter with a professional. That person 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 any possible case.
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What is a Gila County Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money 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 another person, a civil attorney is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may retain a personal injury lawyer when the claim involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems arising from the injury, and more.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all their possible resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation fails, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
A PIL usually tackles a wide variety of cases that can be divided into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary field of a PIL is the purposely executed injustice case. An intentional tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential reasons for a personal injury case is pretty much endless.
In addition, unlike most other fields of the legal world, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there is 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim can end up in front of a judge.
But it is rare 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 unnecessary legal costs. If the defendant is totally 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation sooner rather than later. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of locating 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 defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Gila County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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 602-464-9666!