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Things a Medical Malpractice Attorney does:
Has a loved one or you been hurt either in an accident or by way of the negligence of someone? At times problems can be resolved by insurance or through a small claims court. Occasionally it’s probably best to drop it and move forward.
But there are times you really need someone to take your side. Someone that will fight for your case. Someone who can really fight on your side. Those are the times you really must have a Youngtown personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is difficult. But keeping calm and collected can make the difference between getting the proper payment or dropping the case a permanently awful situation.
An experienced Youngtown personal injury professional can act as an advocate between you and the challenging situation, making it easier to deal with the ins and outs of the legal system. Most people may not even comprehend the facts of the situation until discussing the matter with a professional. A lawyer can help you see all of this objectively, determine the potential of a claim and if they can be of service, and help you move ahead with the process of any possible claim.
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What is a Youngtown Medical Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained 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 lawyer is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party will hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents related to your claim, and use all potential resources to verify all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the attorney could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take on?
A PIL usually handles a wide variety of cases that fall 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. Wrongful death can be at the hands of 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 field of a PIL is the purposely executed injustice case. A purposeful tort happens when one person intentionally hurts 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 completely different from most other fields of the legal universe, PILs almost always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes 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 Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough 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 could potentially end up in front of a judge.
But 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 unneeded legal costs. If the defending party is fully 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 award much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain unsettled for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 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 complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement, it will be up to the plaintiff 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 Youngtown
Here at DeLozier Law, we have many 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!