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Duties of a Medical Malpractice Attorney:
Has a loved one or you been hurt either in an accident or through the negligence of someone? Sometimes incidents can be determined through personal insurance or through a small claims court. Occasionally it’s probably best to drop it and move forward.
But perhaps you really could use someone to take your side. Someone that will really fight for you. A person who will fight for your side. Those are the times you really must have a Show Low personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life before the incident happened.
Being victimized by a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and being objective is challenging. However, remaining calm and collected can be the difference between receiving the appropriate price or leaving the case feeling incompetent.
An experienced Show Low personal injury lawyer can act as a counselor between you and the difficult situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even comprehend the breadth of what’s happening until talking with a professional. That person can help you realize all of this in a more objective light, determine if a claim exists and whether they can help with your case, and help you move forward with any potential claim or case.
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What is a Show Low Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover money or other assets 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 bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person will retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that are available, get 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 doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury lawyer accept?
The PIL usually tackles a wide number of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of 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 other main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is basically endless.
In addition, separate from most other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 personal injury claim can 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary 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 settling the case will keep it on the down low. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
And lastly, 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 what either party wants. The accusing party may in many cases rather settle for 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 award a much lesser amount.
What are the PIL Duties?
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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Show Low
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!