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What a Medical Malpractice Attorney does:

Medical Malpractice Attorney in Prescott for 2024

Have you or a loved one become hurt in an accident or through the willful negligence of someone? Sure, sometimes problems can be determined through insurance or through a small claims case. Occasionally it’s best to drop it and get on with your life.

But maybe you really need someone to take your side. Someone that will really fight for your cause. A person who will really fight on your side. Those are the times you really need a Prescott personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life before the incident occurred.

Being hurt in a crime, accident, or negligence is never a good time. It’s an extremely trying time, and seeing things objectively is challenging. However, remaining cool and logically oriented can be the difference between getting the appropriate price or quitting the case empty handed.

An experienced Prescott personal injury attorney can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our legal system. Most people may not even realize the full breadth of what’s happening until discussing the matter with a professional. A legal adviser can help you realize all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move ahead with any potential claim or case.

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What is a Prescott Medical Malpractice Attorney?

You may have noticed them on TV, on billboards, YouTube, in newspapers, and on social media. Personal injury lawyers are all over the place and for good reason! But what do they really do?

To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash 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 someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party can hire a personal injury attorney when the claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health issues arising from the injury, and more.

After the legal professional has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to your claim, and use all their potential resources to verify all of their is accurate.

Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?

A PIL generally takes a large number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.

The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is basically endless.

In addition, and completely different from most other fields of the legal universe, 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 wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.

What Could the Result Be in a Personal Injury Case?

As mentioned, the potential result of a case such as this will either be a settlement or trial, unless the plaintiff quits the claim for some reason. However most personal injury cases usually settle. This means that either the accused party sends an offer to the plaintiff, and the proposed settlement is either deemed acceptable by the plaintiff and their lawyer or it is deemed unacceptable and additional negotiation is successful, or the plaintiff makes the demand for payment and the defending party accepts terms that satisfy the accusing party.

Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 totally unacceptable that a claim could potentially end up going to trial.

But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:

First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is 100% 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 provide much larger damages.

Secondly, a settlement can help keep the case low profile. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows everyone involved to negotiate terms, including those terms regarding privacy.

Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award as soon as possible rather than later. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.

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 accusing party would rather settle for 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 give a much lesser amount.

What are the PIL Duties?

The functions of a personal injury lawyer are broad, but at their core are very basic. You probably have a lot of worries regarding your case because you may not be familiar with the laws in your area or state and courtroom proceedings. Your legal professional will help you figure out the tasks of your case.

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 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 happened, of injuries suffered, and the amount of financial compensation requested.

Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff.

Choose the Successful Medical Malpractice Attorney in Prescott

When you need a PIL, hiring a Prescott Medical Malpractice Attorney can be a difficult task. There are many options on the table and lawyers in the field, and it can be hard to tell who will do right by you when the market is so saturated in competition. And Prescott is no different. You want an attorney that is experienced in your field of law and has been successful with many of their cases. No attorney in the world can win all cases, but you do want a legal professional that only takes cases they feel have a great chance of winning the case. Otherwise it is a waste of time and resources for all involved.

Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!