Top Rated Medical Malpractice Attorney in Sedona
Get Legal Solutions for Your Medical Malpractice Needs in Sedona.
Call 602-989-1759 Today!
What a Medical Malpractice Attorney does:
Have you or a loved one been hurt either in an accident or by way of the negligence of others? Sometimes issues can be settled by personal insurance or through a small claims case. Occasionally it can be probably best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But sometimes you could use someone to have your back. Someone who will gun for your cause. A person who will really fight for your side. Then you really must have a Sedona personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back to your life prior to when the incident happened.
Being hurt in a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and being objective is challenging. But keeping cool and logical can make the difference between receiving the fair payment that you deserve or dropping the case feeling horrible.
A successful Sedona personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of the legal system. Many people may not even get the full breadth of what might occur until sitting down with a professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and how they can help with your case, and help you move forward with any potential claim.
Ask Us Anything About Your Medical Malpractice Legal Needs:
What is a Sedona Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 attorney is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems caused by the injury, and more.
After the PIL has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take on?
The PIL generally takes a wide variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, 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 carelessness or incompetence of another person.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when one person purposefully 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 potential reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim can end up going to trial.
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 unnecessary legal fees. If the party that is liable is completely 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 lend much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete the ridiculously long 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 the best situation for either. The plaintiff may in many cases rather settle for 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 give a much lesser amount.
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 attorney 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 happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation turned out, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or partially agrees, 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 Sedona
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 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!