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Duties of a Medical Malpractice Attorney:
Have you or a loved one been injured either in an accident or through the neglect of someone? At times incidents can be dealt with through insurance or through a small claims case. Every once in a while it’s probably best to drop it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But at times you could use someone to have your back. Someone that will gun for your cause. A professional who will really fight on your side. Sometimes you really need a Sierra Vista personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or willful negligence is not enjoyable. It’s an emotional time, and seeing the situation objectively is very hard. However, remaining calm and logical can be the difference between receiving the fair payment or going home with no money.
A Sierra Vista personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. Most people may not even realize the breadth of what’s happening until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any potential claim or case.
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What is a Sierra Vista Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers. Civil lawyers are generally hired to recover cash 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 defendant to defend against it. In the case of bodily injury, the injured party could hire a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health problems caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents in relation to the claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney accept?
The PIL generally tackles a large variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.
The second primary field of a PIL is the intentional wrongful case. A purposeful tort occurs when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible reasons for a personal injury case is basically endless.
In addition, unlike pretty much all other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. 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 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 enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may very well end up going to court.
But it is rare 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 other party 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A lengthy trial brings big publicity. 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 hasten the process. Lengthy trials can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation sooner rather than down the road. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 in the best interest of either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL 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 lawyer has built 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 demanded.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Sierra Vista
Here at DeLozier Law, we have over 4 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!