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Things a Medical Malpractice Attorney does:
Have you or a loved one become injured either in an accident or through the willful neglect of someone? There are times incidents can be solved by personal insurance or through a small claims case. Every once in a while it can be best to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But sometimes you could use someone to have your back. Someone that will gun for your cause. A professional who can really fight for your side. Sometimes you really should have a Superior personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident occurred.
Being harmed by a crime, accident, or willful negligence is never enjoyable. It’s a very trying time, and being objective is hard. But remaining cool and logical can make the difference between receiving the fair payment that you deserve or going home with a situation that you will not like at all.
A successful Superior personal injury professional can act as an advocate between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even comprehend the full breadth of the situation until sitting down with a professional. A lawyer can help you realize all of this objectively, 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 case.
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What is a Superior Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to start the lawsuit and a different civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured person might hire a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will talk with all witnesses that can be found, gather any and all documents in relation to your case, and use all potential resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation fails, the legal professional may consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney fight for?
The PIL generally tackles a wide variety of cases falling into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. 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 purposefully perpetrated injustice case. An intentional tort occurs when one person purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of law, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is 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 Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a 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 going to court.
But it is rare 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 100% 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 provide much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows anyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than later. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the PIL 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 attorney 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, chooses if they will 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. 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 of the terms but not others or only is in partial agreement, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Superior
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!