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Things a Medical Malpractice Attorney does:
Have you or a loved one become hurt either in an accident or by way of the negligence of others? Sometimes things can be worked out by insurance or through a small claims case. Every once in a while it can be probably best to walk it off and move on because it may cause you more headache than it is worth .
But sometimes you could use someone to have your back. Someone who will fight for your cause. A person who can really fight on your side. That’s when you really should retain a South Tucson personal injury lawyer that will fight for your rights, both in regards to finances and individually, so you can get back to your life before the incident occurred.
Being hurt by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and being objective is nearly impossible. However, remaining cool and collected can make the difference between receiving the best price that you deserve or dropping the case feeling like you didn’t get what you wanted.
A South Tucson personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our intense legal system. Many people may not even realize the breadth of what might occur until conversing with a legal professional. An attorney can help you see all of this in a more objective light, determine if a claim exists and if they can be of service, and help you move ahead with the process of any potential claim.
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What is a South Tucson Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity for 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 begin 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 retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health problems caused by the injury, and more.
After the legal professional has been retained, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, research any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then they will first attempt to work out the settlement of the case. If that negotiation fails, the lawyer will consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
A PIL usually tackles 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, automobile accidents, child negligence, and wrongful death cases. Wrongful death can be at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone else.
The second main field of a PIL is the purposely executed 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. Really the potential causes for a personal injury case is essentially endless.
In addition, which is different than pretty much all other fields of law, personal injury lawyers generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be 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 a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim will end up in front of a judge.
However, 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 defendant is fully aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 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 risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 lawyer has formed 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 attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Medical Malpractice Attorney in South Tucson
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!