Top Rated Medical Malpractice Attorney in Peoria AZ For 2024
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Duties of a Medical Malpractice Attorney:
Has a loved one or you become injured either in an accident or through the neglect of someone? There are times incidents can be dealt with by personal insurance or through a small claims court. Every once in a while it’s best to drop it and move forward.
But there are times you need someone to take your side. Someone that will really fight for your case. Someone who can fight for your side. Those are the times you really must have a Peoria AZ personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not fun. It’s an emotional time, and being objective is difficult. However, staying cool and logically oriented can make the difference between receiving the best compensation that you deserve or leaving the case with your tail between your legs.
An experienced Peoria AZ personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to deal with the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the facts of what could happen until discussing the matter with a professional. That person can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move ahead with any potential claim or case.
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What is a Peoria AZ Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 attorney is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the PIL has been retained, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that are available, get any and all documents related to your case, and use all their potential resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation fails, the lawyer can file a lawsuit in response. But what cases would a personal injury attorney fight for?
The PIL usually handles a large number of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 a person.
The second main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is pretty much endless.
In addition, and completely different from most other areas of the legal world, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely 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 can 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 unacceptable that a claim may 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 several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is fully 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award sooner rather than having to wait. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 legal professional has formed 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 requested.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation worked out, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Medical Malpractice Attorney in Peoria AZ
Here at DeLozier Law, we have over 4 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!