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What a Medical Malpractice Attorney does:
Has a loved one or you been injured in an accident or through the willful neglect of someone? Sure, sometimes problems can be worked out by personal insurance or through a small claims court. Every once in a while it’s best to drop it and move on.
But there are times you really need someone to take your side. Someone that will gun for your cause. A professional who can really fight for your side. Sometimes you really should retain a Phoenix personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, keeping calm and logically oriented can make the difference between receiving the appropriate compensation that you deserve or going home with no recourse.
A great Phoenix personal injury attorney can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. Most people may not even get the potential consequences of what might occur until talking with a legal professional. A lawyer can help you realize all of this objectively, determine the claim and whether they can help with your case, and help you move ahead with any possible claim or case.
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What is a Phoenix Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 initiate the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party could hire a personal injury professional when the dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents related to your claim, and use all possible resources to make sure all of their is accurate.
Then he or she may first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer may file a lawsuit in response. But what cases could a personal injury attorney take?
A PIL usually handles a wide number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 negligence or incompetence of someone.
The other primary study of a PIL is the intentional injustice case. An intentional tort occurs when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the possible reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these 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 just flat-out refused that a personal injury claim can end up going to court.
However, it is unusual 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 unnecessary legal fees. If the defendant 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 lend 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 lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment in the near term rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 the best situation for either. The plaintiff would rather settle for a little 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 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 attorney has formed 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 required.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation turned out, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. 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 terms but not others or is in partial agreement, 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 Phoenix
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!