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Duties of a Medical Malpractice Attorney:
Have you or a loved one been hurt either in an accident or by way of the negligence of someone? There are times things can be dealt with by personal insurance or through a small claims court. If it is not worth fighting for it’s probably a good idea to walk it off and get on with your life.
But sometimes you need someone to get your back. Someone that will really gun for your cause. Someone who can fight on your side. That’s when you really must have a Parker personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and seeing the situation objectively is nearly impossible. But remaining calm and logical can make the difference between getting the appropriate price or leaving the case with no settlement.
A Parker personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. Most people may not even comprehend the implications of what might occur until conversing with a professional. An attorney can help you see all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move forward with any possible case.
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What is a Parker Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other assets 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 attorney is usually hired to begin 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 person will retain a personal injury lawyer when the case involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents in relation to your case, and use all potential resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
The PIL usually tackles a large number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the intentional wrongful case. An intentional tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other areas 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 overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may very well end up going to trial.
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 liable party 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known 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 non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment sooner rather than later. Or they may just not want to go through 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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case 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 breakdown of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court 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 Parker
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 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!