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Duties of a Medical Malpractice Attorney:
Has a loved one or you become injured either in an accident or by way of the willful neglect of others? Many times issues can be dealt with by insurance or through a small claims case. Every once in a while it’s probably a good idea to walk it off and move forward because it may cause you more headache than it is worth spending your time on.
But perhaps you could use someone to take your side. Someone who will really fight for your cause. Someone who can really fight for your side. Then you really should have a Wellton personal injury lawyer that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is never fun. It’s an emotional roller coaster, and seeing things objectively is difficult. However, staying calm and logical can be the difference between receiving the fair compensation or leaving the case broke.
A successful Wellton personal injury professional can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even get the implications of what’s happening until sitting down with a legal professional. An attorney can help you realize all of this objectively, determine if a possible claim exists and whether they can help with your case, and help you move ahead with the process of any potential case.
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What is a Wellton Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity for 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 another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party will retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that are available, research any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then they may first try to work out the settlement of the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take?
The 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, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other main field of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the potential reasons for a personal injury case is nearly endless.
In addition, and completely different from pretty much all other areas 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 strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not receiving 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 personal injury claim will end up going to 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the other party 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything 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 for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may try to negotiate a settlement, and depending on how the negotiation worked out, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms 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 of the terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to determine 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 Wellton
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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 602-989-1759!