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What a Medical Malpractice Attorney does:
But there are times you could use someone to get your back. Someone that will really fight for you. Someone who can fight for your side. Then you really need a Guadalupe personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing things objectively is hard. However, remaining cool and logically oriented can make the difference between getting the best payment or going home empty handed.
An experienced Guadalupe personal injury lawyer can act as a buffer between you and the near-impossible situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even fully realize the full breadth of the situation until sitting down with a professional. A lawyer can help you see all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move forward with any potential case.
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What is a Guadalupe Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured person could retain a personal injury professional when said dispute involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the 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 contacted, gather any and all documents in relation to the claim, and use all potential resources to make sure all of their is accurate.
Then they may first try to negotiate the settlement of the case. If that negotiation fails, the lawyer could fie a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
The PIL usually takes a wide number of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second primary study of a PIL is the purposely executed tort case. An intentional tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other areas of the legal world, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely 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 necessarily easy. 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 unacceptable that a case will end up in court.
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 unneeded legal costs. If the defending party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone involved to fully 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 or longer. In addition, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 in the best interest of either party. The plaintiff may in many cases rather settle for a little 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of gathering 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 detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or only partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Guadalupe
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 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!