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Duties of a Medical Malpractice Attorney:
Have you or a loved one been injured either in an accident or through the willful negligence of others? Sometimes incidents can be determined through personal insurance or through a small claims court. If it is not worth fighting for it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth .
But there are times you could use someone to get your back. Someone who will gun for you. A person who will really fight for your side. Those are the times you really should have a Gilbert personal injury attorney that will fight for your rights, both financial and personally, so you can roll back to your life before the incident happened.
Being the victim of a crime, accident, or negligence is never fun. It’s an emotional time, and being objective is nearly impossible. But staying calm and logical can be the difference between receiving the best price or quitting the case feeling like you didn’t get what you wanted.
A great Gilbert personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. Most people may not even realize the implications of what might occur until sitting down with a professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and whether or not they can help with your case, and help you move ahead with any potential claim or case.
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What is a Gilbert Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person could retain a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to the claim, and use all their potential resources to verify all of their is accurate.
Then they will first try to negotiate the settlement of the case. If that negotiation falls through, the legal professional may file a lawsuit in response. But what kinds of cases can a personal injury lawyer accept?
A PIL usually tackles a large number of cases that can be divided 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. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other main field of a PIL is the purposely executed injustice case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is pretty much endless.
In addition, separate from most other areas of law, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Could the Result Be 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 getting 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 claim may very well end up going to trial.
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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is completely 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award in the near term 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 complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case 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 Gilbert
Here at DeLozier Law, we have over 4 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!