Top Rated Medical Malpractice Attorney in Winslow For 2024
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Duties of a Medical Malpractice Attorney:
Has a loved one or you become hurt either in an accident or by way of the willful negligence of others? Sure, sometimes problems can be settled through insurance or through a small claims case. Every once in a while it can be best to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But perhaps you really need someone to take your side. Someone who will fight for you. A person who can really fight for your side. That’s when you really should retain a Winslow personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being the victim of a crime, accident, or negligence is never fun. It’s an emotional roller coaster, and being objective is difficult. However, staying calm and collected can make the difference between getting the appropriate price that you deserve or quitting the case feeling like you didn’t get what you wanted.
An experienced Winslow personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even get the facts of what’s happening until discussing the matter with a legal professional. An attorney can help you realize all of this in a more objective light, determine if a potential claim exists and how they can be of service, and help you move ahead with any potential case.
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What is a Winslow Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally hired to recover cash or other financial means 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 bring the lawsuit and a different civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured person might hire a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from any injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the attorney 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 can be found, gather any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?
The PIL generally takes a wide variety of cases falling into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible reasons for a personal injury case is essentially endless.
In addition, separate from most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there is 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 Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim may end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they probably do 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 high profile people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may just not want to complete 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 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 in the best interest of either party. The accusing party 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 give a much lesser amount.
What are the PIL Duties?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to 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 put forth by the plaintiff.
Choose the Successful Medical Malpractice Attorney in Winslow
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!