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Things a Medical Malpractice Attorney does:
But maybe you need someone to have your back. Someone that will really gun for your case. Someone who will really fight on your side. Sometimes you really should have a Goodyear personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back to your life prior to when the injury occurred.
Being harmed by a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. However, keeping cool and logical can be the difference between getting the fair compensation or quitting the case feeling incompetent.
A great Goodyear personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even comprehend the full breadth of what might occur until discussing the matter with a professional. That person can help you realize all of this objectively, determine if a potential claim exists and whether they can help with your case, and help you move forward with any possible claim.
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What is a Goodyear Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other assets 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 attorney is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party might retain a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they may first try to negotiate a settlement in the case. If negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer fight for?
The PIL generally takes 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, car accidents, child neglect, 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 other primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible causes for a personal injury case is nearly endless.
In addition, which is different than most other fields of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 claim could potentially end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party 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 lend 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 big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation in the near term rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Medical Malpractice Attorney in Goodyear
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!