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Duties of a Medical Malpractice Attorney:
Has a loved one or you become hurt either in an accident or through the neglect of someone? Sure, sometimes things can be dealt with by insurance or through a small claims case. If it is not worth fighting for it’s probably a good idea to forget about it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But there are times you need someone to take your side. Someone that will fight for your case. Someone who will really fight for your side. Sometimes you really need a Star Valley personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is nearly impossible. But staying cool and logical can be the difference between receiving the best payment or dropping the case with a situation that you will not like at all.
A great Star Valley personal injury legal representative can act as a counselor between you and the difficult situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even fully realize the potential consequences of what’s happening until speaking with a legal 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 possible claim or case.
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What is a Star Valley Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are generally hired to recover cash or other financial instruments 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 someone else, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents in relation to your claim, and use all their possible resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If negotiation fails, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney fight for?
The PIL generally takes a wide number of cases falling 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 carelessness or incompetence of a person.
The other primary field of a PIL is the purposely executed injustice case. An intentional tort happens when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is pretty much endless.
In addition, separate from most other fields of the legal universe, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 very well end up going to court.
But 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 unneeded legal costs. If the liable party is 100% 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial compensation in the near term rather than later. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing anything else that is required 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 the best situation. The plaintiff may in many cases rather settle for 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 give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation turns out, chooses if they will 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 Star Valley
Here at DeLozier Law, we have many 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!