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What a Medical Malpractice Attorney does:
Has a loved one or you become hurt either in an accident or through the willful negligence of others? At times things can be settled by personal insurance or through a small claims case. Occasionally it’s probably best to walk it off and move on.
But there are times you need someone to get your back. Someone that will really gun for your cause. Someone who can fight on your side. Those are the times you really should retain a Lake Havasu City personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever fun. It’s a very trying time, and being objective is nearly impossible. However, staying calm and logically oriented can make the difference between receiving the proper payment or dropping the case broke.
An experienced Lake Havasu City personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even realize the full breadth of the situation until sitting down with a legal professional. A lawyer can help you realize all of this objectively, determine the claim and whether or not they can help with your case, and help you move ahead with any potential case.
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What is a Lake Havasu City Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 initiate the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party can hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents in relation to the case, and use all their possible resources to verify all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer fight for?
The PIL generally handles a large variety of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other primary field of a PIL is the intentional wrongful case. An intentional tort happens when one person purposefully 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 basically endless.
In addition, which is different than pretty much all other areas of the legal universe, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon 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 necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case could potentially end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people. A big trial brings big publicity. 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 confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation as soon as possible rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
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 lawyer has formed 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 lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses whether or not to push to bring the claim 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.
Choose the Successful Medical Malpractice Attorney in Lake Havasu City
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!