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Duties of a Medical Malpractice Attorney:
But there are times you really could use someone to take your side. Someone who will gun for your case. A professional who can fight for your side. Sometimes you really should have a Scottsdale personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being hurt by a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and seeing the situation objectively is challenging. But keeping cool and logically oriented can make the difference between getting the proper compensation that you deserve or quitting the case feeling like you should have gotten a better deal.
An experienced Scottsdale personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even fully realize the breadth of what might occur until sitting down with a professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Scottsdale Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial means from a person or legal entity on behalf of 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 person or entity being accused to defend against it. In the case of bodily injury, the injured party might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from the injury such as health costs, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be contacted, research any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation falls through, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer fight for?
The PIL usually handles a large number of cases that can be divided 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. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other primary field of a PIL is the purposely executed wrongful case. An intentional tort happens when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is pretty much endless.
In addition, unlike nearly all other fields of law, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be 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 these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim will end up in court.
However, it is rare 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 party that is liable is totally 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months or longer. 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 in the near term rather than having to wait. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Medical Malpractice Attorney in Scottsdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!