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Duties of a Medical Malpractice Attorney:
Have you or a loved one been hurt either in an accident or through the neglect of someone? Sure, sometimes problems can be dealt with through insurance or through a small claims court. If it is not worth fighting for it’s best to drop it and get on with your life.
But there are times you need someone to take your side. Someone who will gun for your case. A person who will fight on your side. Sometimes you really should retain a Somerton personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life before the injury occurred.
Being victimized by a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and being objective is difficult. But remaining calm and collected can make the difference between getting the appropriate price that you deserve or going home feeling like you didn’t get what you wanted.
An experienced Somerton personal injury legal representative can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of the legal system. Many people may not even comprehend the facts of what could happen until talking with a professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Somerton Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally 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 lawyer is usually hired to bring the lawsuit and a different civil attorney is hired 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 the dispute involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the attorney has been hired, they will gather everything in the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response. But what cases could a personal injury attorney take on?
A PIL generally tackles a large variety of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other primary field of a PIL is the purposely executed tort case. A purposeful tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential causes for a personal injury case is pretty much endless.
In addition, unlike pretty much all other fields of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only 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 necessarily easy. The injured party can counteroffer if they feel they are not receiving 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 personal injury claim will end up going to trial.
But 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 unnecessary legal costs. If the defendant 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 lend much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A lengthy 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 non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award in the near term rather than having to wait. Or they may simply not want to finish the never-ending 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the 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 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 legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Medical Malpractice Attorney in Somerton
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 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!