Top Rated Medical Malpractice Attorney in Pinetop-Lakeside For 2024
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What a Medical Malpractice Attorney does:
Have you or a loved one become injured either in an accident or by way of the neglect of someone? There are times problems can be determined through insurance or through a small claims court. Every once in a while it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But sometimes you need someone to get your back. Someone that will gun for your cause. Someone who will really fight for your side. That’s when you really need a Pinetop-Lakeside 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 before the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s a very trying time, and being objective is very hard. But remaining cool and collected can make the difference between receiving the best compensation or quitting the case broke.
An experienced Pinetop-Lakeside personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even understand the potential consequences of what could happen until discussing the matter with a professional. That person can help you realize all of this in a more objective light, determine if a claim exists and whether or not they can be of service, and help you move forward with the process of any potential claim.
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What is a Pinetop-Lakeside Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained 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 begin the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party might hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems arising from the injury, and more.
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 confront all witnesses that can be found, get any and all documents related to your case, and use all potential resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation falls through, the legal professional will consider filing a lawsuit in response. But what kinds of cases does a personal injury lawyer take on?
A PIL usually takes a wide number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 uncaring state or incompetence of another person.
The second main study of a PIL is the intentional wrongful case. A purposeful tort occurs when someone purposely 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 causes for a personal injury case is nearly endless.
In addition, and completely different from most other areas of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon 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 necessarily easy. The injured party could 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 claim may end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is fully 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 lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those 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 months or longer. Not only that, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And lastly, 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 the best situation. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 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 suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to bring the case to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. 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 terms but not others or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide 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 Pinetop-Lakeside
Here at DeLozier Law, we have many 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!