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Things a Medical Malpractice Attorney does:
Has a loved one or you been hurt in an accident or by way of the willful neglect of others? At times incidents can be determined through insurance or through a small claims court. If it is extremely minor it’s a good idea to walk it off and move forward.
But there are times you need someone to take your side. Someone that will gun for you. A professional who can really fight for your side. Sometimes you really should have a Pima County personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and being objective is hard. But remaining cool and collected can make the difference between receiving the fair payment that you deserve or dropping the case with no money.
An experienced Pima County personal injury professional can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even get the implications of what’s happening until sitting down with a legal professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with any possible claim or case.
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What is a Pima County Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally hired to recover money or other assets from a person or legal entity for 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 attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party could hire a personal injury professional when the dispute involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues caused by the injury, and more.
After the attorney has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be found, research any and all documents in relation to your claim, and use all their possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation fails, the lawyer could fie a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
The PIL usually takes a wide 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, vehicle accidents, child neglect, 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 another person.
The second main study of a PIL is the intentional tort 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 similar situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, separate from most other fields of law, PILs nearly always 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 should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last 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 case may very well end up in front of a judge.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable 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 settling the case will keep it on the DL. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Not only that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment sooner rather than down the road. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding 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 detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim 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 court case. 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 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 Pima County
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!