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Duties of a Medical Malpractice Attorney:
But there are times you really could use someone to take your side. Someone that will gun for your cause. A person who can fight on your side. That’s when you really must have a La Paz County personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back to your life before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and seeing things objectively is nearly impossible. However, remaining calm and collected can be the difference between getting the fair payment that you deserve or dropping the case worse off than before.
A La Paz County personal injury legal representative can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even realize the breadth of what could happen until conversing with a professional. A legal adviser can help you see all of this objectively, determine if a claim exists and if they can help with your case, and help you move ahead with the process of any possible claim.
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What is a La Paz County Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally retained to recover money or other financial means 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 attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person may retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health issues caused by the injury, and more.
After the legal professional has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
A PIL generally handles a wide number of cases falling into two primary categories. 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 another person.
The other primary field of a PIL is the intentional wrongful 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. Considering everything mentioned here, the possible causes for a personal injury case is essentially endless.
In addition, and completely different from nearly all other areas of the legal world, personal injury professionals nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim can end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is completely aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 what either party wants. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of getting 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 opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation turned out, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in La Paz 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 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 602-464-9666!