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What a Medical Malpractice Attorney does:
But perhaps you could use someone to take your side. Someone that will fight for you. A person who can fight for your side. Those are the times you really should retain a Queen Creek personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s a very trying time, and seeing things objectively is challenging. However, keeping calm and logical can make the difference between receiving the fair payment or leaving the case with a situation you will never recover from.
An experienced Queen Creek personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Many people may not even realize the breadth of the situation until sitting down with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and whether or not they can help with your case, and help you move forward with the process of any possible case.
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What is a Queen Creek Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally retained to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury professional when the dispute involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems caused by the injury, and other possible costs.
After the attorney has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that can be found, research any and all documents related to your claim, and use all potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation fails, the lawyer can file a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
A PIL usually handles a wide variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, 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 other main field of a PIL is the intentional tort case. An intentional tort occurs when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, unlike pretty much all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in an 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 wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim could potentially 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 a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant 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 give 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 public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, decides if they will bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees, 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 Queen Creek
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!