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What a Medical Malpractice Attorney does:
Have you or a loved one been injured either in an accident or through the willful neglect of others? Many times problems can be determined through insurance or through a small claims case. Every once in a while it can be a good idea to forget about it and get on with your life.
But perhaps you could use someone to take your side. Someone who will really fight for you. A professional who can really fight on your side. Then you really should have a Williams personal injury professional that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is not ever enjoyable. It’s a very trying time, and seeing the situation objectively is difficult. However, remaining calm and collected can make the difference between getting the best payment that you deserve or quitting the case broke.
An experienced Williams personal injury professional can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. Many people may not even realize the potential consequences of what’s happening until talking with a legal professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and how they can help with your case, and help you move ahead with any possible claim.
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What is a Williams Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party may hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and more.
After the PIL has been hired, 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, get any and all documents related to your case, and use all their possible resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney fight for?
The PIL usually handles a wide number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, separate from most other fields of law, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just 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 can 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 totally unacceptable that a personal injury 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 a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is fully aware that they are at fault for the incident that led to the claim, they might 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 on the DL. 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 provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial award as soon as possible rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the highest 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 lawyer 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 happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, 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 partially agrees to terms, the ball is then put back in the plaintiff’s court 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 Williams
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 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!