Top Rated Medical Malpractice Attorney in Navajo County For 2020
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Duties of a Medical Malpractice Attorney:
But at times you could use someone to have your back. Someone who will fight for your case. A professional who will fight on your side. Then you really need a Navajo County personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and being objective is hard. But remaining cool and logical can be the difference between receiving the appropriate price that you deserve or dropping the case worse off than before.
An experienced Navajo County personal injury professional can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. Many people may not even fully realize the potential consequences of what’s happening until discussing the matter with a legal professional. A legal adviser can help you realize all of this objectively, determine the claim and if they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Navajo County Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are usually retained to recover money or other financial instruments 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents in relation to your case, and use all their available resources to make sure 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 legal professional may file a lawsuit in response. But what cases would a personal injury attorney take on?
A PIL generally takes a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is nearly endless.
In addition, unlike nearly all other fields of the legal world, personal injury lawyers almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim can end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the other party is completely 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 give much larger damages.
Secondly, a settlement can help keep the case 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 is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term 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 exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for 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 legal professional has built 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 suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will push to bring the claim to court. 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 completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or only partially agrees to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Medical Malpractice Attorney in Navajo County
Here at DeLozier Law, we have over 4 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 602-464-9666!