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Things a Medical Malpractice Attorney does:
Have you or a loved one become hurt either in an accident or through the neglect of others? Sometimes issues can be worked out by insurance or through a small claims case. If it is very minor it’s a good idea to forget about it and move on because it may cause you more headache than it is worth .
But at times you could use someone to get your back. Someone that will really fight for your case. A person who will fight on your side. That’s when you really should have a Graham County personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the injury occurred.
Being hurt in a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and seeing things objectively is challenging. But keeping calm and logical can make the difference between receiving the proper compensation or quitting the case with a situation that you will not like.
An experienced Graham County personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even get the implications of what might occur until talking with a professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Graham County Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to begin 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 could hire a personal injury professional when the claim involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the claim, and use all possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation falls through, the attorney may file a lawsuit in response. But what kinds of cases can a personal injury attorney take on?
A PIL generally handles a large number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The other primary study of a PIL is the purposely executed tort case. An intentional tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible reasons for a personal injury case is nearly endless.
In addition, and completely different from most other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the 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 so simple. The injured party could send back a 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 case will end up in court.
However, 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 unneeded legal costs. If the defendant is completely 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial compensation sooner 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 simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
And finally, 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 what either party wants. The plaintiff would rather settle for 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, chooses 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 terms of the settlement put forth by the plaintiff. If the other party agrees 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 is in partial agreement, 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 go to court.
Choose the Successful Medical Malpractice Attorney in Graham County
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!