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Things a Medical Malpractice Attorney does:
Have you or a loved one been injured either in an accident or through the willful neglect of someone? Sometimes things can be settled through insurance or through a small claims court. Every once in a while it’s best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to take your side. Someone that will really fight for you. A professional who can fight for your side. Then you really need a Quartzsite personal injury attorney that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life prior to when the incident happened.
Being harmed by a crime, accident, or willful negligence is not a good time. It’s an emotional time, and being objective is challenging. However, remaining cool and logical can be the difference between getting the appropriate price or leaving the case empty handed.
An experienced Quartzsite personal injury professional can act as an advocate between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. Most people may not even fully realize the facts of what might occur until talking with a professional. An attorney can help you see 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 potential claim.
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What is a Quartzsite Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response. But what cases can a personal injury lawyer take?
The PIL usually handles a large number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, 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 uncaring state or incompetence of someone else.
The second primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, 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 beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a 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 may end up going to trial.
However, it is unusual 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 costs. If the defending party is totally aware that they are at fault for the incident that led to the claim, they might 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 on the DL. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
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 up in the air for an additional length of time. The plaintiff may want financial payment sooner rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to win a legal battle.
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 the best situation for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the case to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court 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 Quartzsite
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!