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Things a Medical Malpractice Attorney does:
Have you or a loved one been injured in an accident or by way of the neglect of someone? Many times things can be settled through insurance or through a small claims court. Every once in a while it’s probably best to drop it and get on with your life.
But perhaps you could use someone to take your side. Someone that will really gun for your case. A professional who will fight for your side. Sometimes you really should have a Prescott Valley personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury occurred.
Being hurt in a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and being objective is difficult. But remaining calm and collected can make the difference between receiving the proper payment that you deserve or leaving the case feeling like you should have gotten a more appropriate solution.
A successful Prescott Valley personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our challenging legal system. Many people may not even realize the implications of what might occur until sitting down with a legal professional. That person can help you realize all of this objectively, determine if a claim exists and how they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Prescott Valley Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party may hire a personal injury lawyer when said claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything in the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the attorney can file a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
The PIL usually handles a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. Wrongful death is usually 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 someone.
The second main field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is essentially endless.
In addition, unlike pretty much all other areas of the legal world, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only 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 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 unacceptable that a case will end up going to trial.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. 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 provide much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people or large high profile companies. A big 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 privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed 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 incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation turned out, chooses 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 all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees to terms, 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 Prescott Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!