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Duties of a Medical Malpractice Attorney:
But maybe you need someone to get your back. Someone that will really fight for you. A person who can really fight for your side. Sometimes you really should have a Springerville personal injury attorney that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident happened.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. However, keeping cool and collected can make the difference between getting the fair payment that you deserve or going home with your tail between your legs.
A successful Springerville personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even get the potential consequences of what might occur until discussing the matter with a legal professional. A lawyer can help you realize all of this objectively, determine if a claim exists and if they can help with your case, and help you move forward with any potential claim or case.
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What is a Springerville Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 attorney is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, gather any and all documents related to your claim, and use all their potential 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 falls through, the attorney will consider filing a lawsuit in response. But what kinds of cases does a personal injury lawyer take on?
A PIL generally takes a wide variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other primary field of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible reasons for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other fields of the legal world, personal injury attorneys generally 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 otherwise. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a case may end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is completely aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment sooner rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary 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 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 maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s 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 attorney has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court 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 Springerville
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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 602-464-9666!