Top Rated Medical Malpractice Attorney in Mohave County For 2020
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Things a Medical Malpractice Attorney does:
But perhaps you need someone to take your side. Someone who will really gun for your case. Someone who will fight on your side. Then you really need a Mohave County personal injury lawyer that will fight for your rights, both financial and personal, so you can get back to your life prior to when the injury occurred.
Being hurt by a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, keeping calm and logically oriented can make the difference between getting the proper price or dropping the case with a situation you will never recover from.
A Mohave County personal injury attorney can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our challenging legal system. Many people may not even realize the full breadth of what’s happening until talking with a professional. A legal adviser can help you see all of this objectively, determine the claim and how they can be of service, and help you move forward with any possible claim or case.
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What is a Mohave County Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually retained 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 someone else, a civil attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury professional when the case involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues caused by the injury, and other possible costs.
After the attorney has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take on?
The PIL usually handles a large variety of cases falling 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. 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 another.
The other main field of a PIL is the purposely executed tort case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is essentially endless.
In addition, which is different than nearly all other areas of law, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could 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 just flat-out refused that a case can end up in front of a judge.
However, it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is completely 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 settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award in the near term rather than later. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary 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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give 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 defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides 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. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Mohave County
Here at DeLozier Law, we have many 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 602-464-9666!