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Things a Medical Malpractice Attorney does:
Has a loved one or you become hurt in an accident or by way of the willful neglect of others? There are times things can be solved by personal insurance or through a small claims case. Every once in a while it can be best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you really could use someone to get your back. Someone who will really gun for you. Someone who can fight for your side. Sometimes you really must have a Oro Valley personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is nearly impossible. However, staying calm and collected can be the difference between receiving the best price that you deserve or dropping the case feeling like you should have gotten a more appropriate solution.
A great Oro Valley 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 legal system. If you are like most people, you may not even realize the implications of the situation until sitting down with a legal professional. That person can help you see all of this objectively, determine the claim and if 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 Oro Valley Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover cash 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 lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party might retain a personal injury professional when the claim involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation falls through, the lawyer may file a lawsuit in response. But what cases can a personal injury attorney fight for?
A PIL generally tackles a wide variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death can be 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 study of a PIL is the purposefully perpetrated injustice 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. As you can tell the potential causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other areas of the legal world, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in 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 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 do not get agreed upon or an offer is totally unacceptable that a case may very well end up in court.
However, it is unusual 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 party that is liable is completely 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A big 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 speed things up. Protracted trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required 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 of benefit to either party. 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 risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
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 legal professional 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 required.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in Oro Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!