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Things a Medical Malpractice Attorney does:
Have you or a loved one become injured either in an accident or through the willful neglect of others? Many times issues can be solved by insurance or through a small claims court. If it is extremely minor it’s 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 perhaps you could use someone to get your back. Someone that will gun for your case. Someone who will fight for your side. Sometimes you really need a Payson personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back to your life before the incident occurred.
Being injured by a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and being objective is nearly impossible. But keeping cool and logically oriented can make the difference between receiving the best payment or going home feeling horrible.
An experienced Payson personal injury professional can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even comprehend the potential consequences of the situation until talking with a professional. A legal adviser can help you realize 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 Payson Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are usually hired to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party can retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the attorney has been hired, they will gather everything for the case that they are legally able to get. They will talk with all witnesses that are available, gather any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then he or she will 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 kinds of cases can a personal injury lawyer take?
A PIL generally tackles a large number of cases falling 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. 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 someone else.
The other main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is basically endless.
In addition, and completely different from nearly all other areas of law, personal injury attorneys 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 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 necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case can end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. 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 settling the case will keep it low profile. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than down the road. Or they may simply not want to complete the never-ending 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 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 give a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation worked out, chooses whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or partially agrees to terms, it will be up to the plaintiff to determine 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 Payson
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 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!