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Duties of a Medical Malpractice Attorney:
Has a loved one or you become hurt in an accident or by way of the willful negligence of someone? Many times problems can be settled by personal insurance or through a small claims case. Occasionally it’s best to forget about it and move forward.
But at times you really could use someone to get your back. Someone who will really fight for your cause. A professional who can really fight for your side. Then you really must have a Pima personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being hurt in a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, remaining calm and collected can be the difference between getting the proper payment or going home with no settlement.
An experienced Pima personal injury attorney can act as a counselor between you and the difficult situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even understand the breadth of what might occur until discussing the matter with a professional. A lawyer can help you see all of this in a more objective light, determine the claim and whether or not they can help with your case, and help you move ahead with any potential case.
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What is a Pima Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally 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 another person, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents related to the case, and use all their possible resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation falls through, the legal professional can file a lawsuit in response. But what cases could a personal injury lawyer take?
A PIL generally handles a large number of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, 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 uncaring state or incompetence of another.
The second main study of a PIL is the purposely executed tort case. A purposeful tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, which is different than nearly all other areas of the legal universe, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning 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 an 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 getting in their eyes a fair 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 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 creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is totally aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment sooner rather than having to wait. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest 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 Personal Injury Lawyer’s 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation worked out, chooses whether or not to push to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in Pima
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!