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Duties of a Medical Malpractice Attorney:
But there are times you could use someone to take your side. Someone that will really gun for your cause. A person who will fight for your side. Sometimes you really need a Kearny personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. However, keeping calm and collected can make the difference between getting the proper payment that you deserve or dropping the case with no settlement.
An experienced Kearny personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even get the facts of the situation until sitting down with a professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move forward with any possible case.
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What is a Kearny Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party could retain a personal injury lawyer when said claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents in relation to the claim, and use all their potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation fails, the legal professional may file a lawsuit in response. But what cases does a personal injury attorney fight for?
The PIL usually tackles a large variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second main study of a PIL is the purposely executed tort case. An intentional tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other areas of law, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal 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 do not get agreed upon or an offer is totally unacceptable that a case may end up going to trial.
However, it is unusual 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 unneeded legal fees. If the defendant is fully 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in court 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 go through 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 the best situation for either. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Tasks?
First they will take care of finding 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 defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation turns out, decides whether or not to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in Kearny
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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 602-464-9666!