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Duties of a Medical Malpractice Attorney:
Have you or a loved one become injured in an accident or through the willful neglect of someone? Sometimes things can be settled by personal insurance or through a small claims case. Occasionally it can be probably best to drop it and move forward.
But perhaps you could use someone to get your back. Someone that will fight for your case. A professional who will fight on your side. Sometimes you really must have a San Luis personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life before the injury occurred.
Being injured by a crime, accident, or negligence is not enjoyable. It’s an emotional time, and being objective is nearly impossible. But staying calm and logically oriented can make the difference between receiving the proper compensation that you deserve or dropping the case with no settlement.
An experienced San Luis personal injury professional can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the potential consequences of what’s happening until talking with a legal professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and whether they can be of service, and help you move ahead with the process of any possible case.
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What is a San Luis Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally retained to recover money or other financial means from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney accept?
A PIL generally tackles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second main study of a PIL is the intentional tort case. An intentional tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, and in contrast to pretty much all other areas of the legal universe, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the 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 send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may very well end up in front of a judge.
However, it is unusual 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 liable party is completely 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than later. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. 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 court case or having a judge or jury give a much lesser amount.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in San Luis
Here at DeLozier Law, we have many 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!