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Duties of a Medical Malpractice Attorney:

Medical Malpractice Attorney in Paradise Valley for 2024Have you or a loved one become hurt either in an accident or through the willful negligence of someone? Sometimes problems can be determined through insurance or through a small claims case. If it is very minor it can be a good idea to drop it and get on with your life.

But there are times you really need someone to have your back. Someone that will really fight for your case. Someone who will really fight for your side. That’s when you really must have a Paradise Valley personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life prior to when the incident occurred.

Being victimized by a crime, accident, or negligence is not ever a good time. It’s an emotional time, and being objective is challenging. But keeping calm and logical can be the difference between getting the appropriate payment or dropping the case feeling like you didn’t get what you wanted.

A successful Paradise Valley personal injury legal representative can act as a buffer between you and the difficult situation, making it much easier to navigate the ins and outs of our intense legal system. Many people may not even get the breadth of what could happen until speaking with a professional. An attorney can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with the process of any potential claim or case.

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    What is a Paradise Valley Medical Malpractice Attorney?

    Have you seen all the advertisements for personal injury attorneys? It looks like they are all over the place! They appear to ask about things like mesothelioma, doctor-induced injuries, injury accidents, and many other types of cases. You may wonder what they really do, if they are really helpful to people, and how they actually help people.

    Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally hired to recover money or other financial means 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 lawyer is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party will hire a personal injury attorney when said case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and other possible costs.

    After the PIL has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.

    Then they may first try to negotiate a settlement in the case. If negotiation falls through, the legal professional will consider filing a lawsuit in response. But what cases would a personal injury attorney take?

    A PIL generally handles a wide variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another.

    The second primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is basically endless.

    In addition, separate from most other fields of the legal world, PILs 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 been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.

    What Could Happen in a Personal Injury Case?

    As stated, the only possible outcome of a case like this will be a settlement or trial, unless the plaintiff quits the claim for some reason. But many personal injury cases end up settling out of court. This means that either the accused party sends an offer to the injured party, and the proposed settlement is either deemed acceptable by the plaintiff and their lawyer or it is deemed unacceptable and additional negotiation is successful, or the plaintiff makes the demand for compensation and the defending party accepts terms that satisfy the plaintiff.

    Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case may end up going to trial.

    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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is 100% 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 settling the case will keep it low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.

    Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win the case.

    And lastly, 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 less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.

    What are the Personal Injury Lawyer’s Duties?

    The tasks of a personal injury attorney are far-reaching, but at their core are rather simple to understand. You may have a lot of questions to ask regarding your case because you may not be familiar with the laws in your area or state and courtroom proceedings. Your legal professional will help you figure out the legal maze of your case.

    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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.

    Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to trial. 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 go to trial. If the other party agrees to some of the terms but not others or is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.

    Choose the Successful Medical Malpractice Attorney in Paradise Valley

    Figuring out a Paradise Valley Medical Malpractice Attorney can be a difficult task. There are many options on the table and attorneys that can help, and it can be difficult to distinguish who will do the best by you when the market is so saturated with competition. And Paradise Valley is no different. You want an attorney that is experienced in your field of law and has been successful with many of their cases. No attorney can win all cases and there is never a guarantee of winning any case, but you definitely want a legal professional that only takes cases they feel have a good chance of winning. Otherwise it is a waste of time and resources for all involved.

    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!