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Duties of a Medical Malpractice Attorney:
Have you or a loved one become injured either in an accident or through the willful neglect of others? Sometimes problems can be settled through personal insurance or through a small claims court. If it is extremely minor it can be best to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really need someone to take your side. Someone that will really gun for you. A person who will really fight on your side. That’s when you really should retain a Nogales personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life before the incident happened.
Being hurt by a crime, accident, or negligence is not enjoyable. It’s a very trying time, and being objective is very hard. But remaining cool and logically oriented can be the difference between getting the best payment or going home broke.
A great Nogales personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even understand the breadth of what could happen until discussing the matter with a professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move forward with the process of any possible claim.
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What is a Nogales Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers; they are also known as litigation 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 another person, a civil attorney is usually hired to begin the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party could retain a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to the case, and use all potential resources to make sure all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response. But what cases would a personal injury attorney take?
The PIL usually handles a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other main study of a PIL is the purposely executed wrongful case. A purposeful tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, unlike most other fields of law, personal injury professionals generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten 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 the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could 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 may end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is fully aware that they are at fault for the incident that led to the claim, they would 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 low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment as soon as possible rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 what either party wants. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Medical Malpractice Attorney in Nogales
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 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!