Top Rated Medical Malpractice Attorney in Yavapai County For 2024
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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 neglect of others? At times incidents can be determined through personal insurance or through a small claims case. Every once in a while it can be best to forget about it and move on because it may cause you more headache than it is worth .
But perhaps you could use someone to have your back. Someone that will fight for your case. A professional who can really fight on your side. Then you really should retain a Yavapai County personal injury professional that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the injury happened.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s an emotional roller coaster, and seeing things objectively is difficult. But staying calm and logically oriented can make the difference between getting the appropriate payment or going home with no recourse.
An experienced Yavapai County personal injury legal representative can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. Most people may not even get the facts of what might occur until sitting down with a professional. An attorney can help you see all of this in a more objective light, determine if a possible claim exists and whether or not they can be of service, and help you move ahead with the process of any possible claim.
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What is a Yavapai County Medical Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 initiate the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party could retain a personal injury professional when said dispute involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will confront all witnesses that can be found, gather any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases would a personal injury attorney fight for?
A PIL usually tackles a large number of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other main field of a PIL is the purposely executed tort case. An intentional tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is pretty much endless.
In addition, and in contrast to nearly all other fields of the legal world, personal injury professionals almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the 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 so simple. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may very well end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defending party is completely 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment as soon as possible 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 simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for 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 Personal Injury Lawyer’s Tasks?
First they will take care of getting 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 complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or is in partial agreement, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Medical Malpractice Attorney in Yavapai County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. We have won many cases for our clients and 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!