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Duties of a Medical Malpractice Attorney:
Has a loved one or you been hurt either in an accident or by way of the willful negligence of someone? At times issues can be resolved by insurance or through a small claims court. Occasionally it’s best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But maybe you could use someone to take your side. Someone that will really gun for your cause. A person who can really fight for your side. That’s when you really should retain a Page 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 incident occurred.
Being victimized by a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is challenging. However, remaining calm and collected can make the difference between getting the fair compensation or going home broke.
A successful Page personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to work with the ins and outs of the legal system. Many people may not even realize the full breadth of what might occur until talking with a professional. That person can help you see all of this objectively, determine if a possible claim exists and how they can help with your case, and help you move forward with the process of any possible case.
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What is a Page Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party may retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health issues arising from the injury, and more.
After the lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, get any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If that negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
The PIL usually takes a large variety of cases that can be divided into two primary categories. 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 at the hands of 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 second main study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other fields of law, personal injury professionals usually 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 is no upfront payment, for consultation or any other service. 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 in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may very well end up in front of a judge.
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 creates 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 would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award sooner 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 required to win a legal battle.
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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of getting 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 suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case to court. 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 absolutely no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Page
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 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!