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Things a Medical Malpractice Attorney does:
Have you or a loved one been injured in an accident or by way of the willful neglect of someone? Sure, sometimes things can be resolved through insurance or through a small claims court. Occasionally it can be a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But there are times you could use someone to have your back. Someone that will really fight for you. A person who can really fight on your side. Then you really should retain a Snowflak personal injury professional that will fight for your rights, both financial and individually, so you can roll back to your life before the injury occurred.
Being harmed by a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and seeing the situation objectively is challenging. But remaining calm and logically oriented can make the difference between receiving the best payment or dropping the case broke.
A Snowflak personal injury professional can act as a counselor between you and the near-impossible situation, making it much easier to deal with the ins and outs of the legal system. Many people may not even get the implications of what’s happening until talking with a legal professional. An attorney 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.
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What is a Snowflak Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover money or other financial means 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 lawyer is usually hired to bring 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 person may retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents in relation to your case, and use all their available resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation fails, the attorney may consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
A PIL generally handles 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, auto accidents, child negligence, 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 carelessness or incompetence of a person.
The other primary study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other areas of the legal universe, 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 beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon 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 getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a case will end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is totally aware that they are at fault for the incident that led to the claim, they would not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months or longer. In addition, if the other party appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation in the near term rather than down the road. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation turns out, decides if they will push to bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Medical Malpractice Attorney in Snowflak
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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!