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Duties of a Medical Malpractice Attorney:
But sometimes you need someone to get your back. Someone who will really gun for your cause. A professional who will fight for your side. Then you really must have a Maricopa personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and being objective is nearly impossible. However, staying cool and logical can make the difference between receiving the appropriate price or quitting the case with no settlement.
An experienced Maricopa personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the facts of what could happen until sitting down with a professional. That person can help you see all of this objectively, determine the potential of a claim and if they can help with your case, and help you move ahead with any possible claim.
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What is a Maricopa Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually retained to recover cash or other financial means from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person may retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health problems arising from the injury, and legal costs, etc.
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 confront all witnesses that can be found, get any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney fight for?
The PIL generally tackles a large number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The second primary study of a PIL is the purposely executed tort case. A purposeful tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is essentially endless.
In addition, separate from most other areas of the legal world, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won 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 Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a 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 personal injury claim could potentially end up in 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 unnecessary legal costs. If the defendant is fully 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 settling the case will keep it on the down low. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can provide 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 decrease the time for proceedings. Extended court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 accusing party may in many cases rather settle for a little 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation turned out, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Maricopa
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!