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What a Medical Malpractice Attorney does:
Have you or a loved one been hurt in an accident or by way of the willful negligence of someone? Many times issues can be determined through insurance or through a small claims court. Every once in a while it’s probably best to drop it and move on because it may cause you more headache than it is worth .
But there are times you need someone to get your back. Someone who will really fight for your case. A person who can really fight on your side. Those are the times you really should retain a Kingman personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and being objective is difficult. But keeping calm and logical can be the difference between getting the fair payment or leaving the case feeling like you should have gotten a more appropriate solution.
An experienced Kingman personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even fully realize the breadth of what could happen until conversing with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and whether or not they can be of service, and help you move ahead with the process of any potential claim.
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What is a Kingman Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers. Civil lawyers are generally hired to recover money or other valuables 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 bring the lawsuit and a different civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response. But what cases does a personal injury attorney fight for?
The PIL usually tackles a wide variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, 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 second primary field of a PIL is the intentional tort case. A purposeful tort happens when one person purposely 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 reasons for a personal injury case is basically endless.
In addition, separate from nearly all other areas of the legal world, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning 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 Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim could potentially 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 several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. 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 settling the case will keep it on the down low. This is especially important for high profile people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award sooner rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Kingman
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and helped them get the settlement they needed and 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!