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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 negligence of others? Sure, sometimes things can be settled by personal insurance or through a small claims case. Occasionally it can be probably best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But at times you need someone to take your side. Someone that will really fight for your case. Someone who will fight on your side. Then you really should retain a Glendale AZ personal injury attorney 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 occurred.
Being hurt in a crime, accident, or willful negligence is not fun. It’s an extremely trying time, and seeing things objectively is challenging. But staying calm and collected can make the difference between getting the appropriate price or quitting the case with a situation you will never recover from.
A Glendale AZ personal injury professional can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. Most people may not even realize the breadth of what might occur until speaking with a professional. An attorney can help you see all of this objectively, determine the claim and how they can help with your case, and help you move ahead with the process of any potential case.
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What is a Glendale AZ Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained 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 someone else, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person can hire a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer accept?
A PIL usually takes a large number of cases that fall 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. 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 negligence or incompetence of another person.
The other main field of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 unacceptable that a claim will end up in front of a judge.
However, 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 costs. If the liable party is 100% 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 lend 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 lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, 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 demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give 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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Glendale AZ
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!