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What a Medical Malpractice Attorney does:
Have you or a loved one become hurt in an accident or through the negligence of others? Sometimes incidents can be resolved through insurance or through a small claims court. Occasionally it can be a good idea to drop it and get on with your life.
But at times you need someone to take your side. Someone who will fight for you. A person who will really fight for your side. Then you really should retain a Yuma County personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and seeing the situation objectively is hard. However, staying calm and collected can be the difference between getting the appropriate price or dropping the case worse off than before.
An experienced Yuma County personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our legal system. If you are like most people, you may not even get the facts of what could happen until conversing with a professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and if they can be of service, and help you move forward with any potential claim.
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What is a Yuma County Medical Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil attorney is hired by the defendant. 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 expenses, 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 confront all witnesses that can be found, get any and all documents related to your claim, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation fails, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer fight for?
A PIL usually takes a wide variety of cases that can be separated 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 is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal universe, PILs usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon 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 so simple. The injured party could send back a 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 unacceptable that a claim will end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded 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 might not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment in the near term rather than having to wait. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 court case or having a judge or jury give a much lesser amount.
What are the PIL 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 lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on how the negotiation turns out, decides whether or not to 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 completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, it will be up to the plaintiff 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 Yuma County
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!