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Things a Legal Malpractice Attorney does:
Have you or a loved one become injured either in an accident or by way of the willful neglect of others? At times incidents can be dealt with through insurance or through a small claims court. If it is extremely minor it can be probably best to drop it and move on because it may cause you more headache than it is worth .
But at times you really need someone to have your back. Someone who will really gun for your case. A person who can really fight for your side. Then you really must have a Tempe personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back to your life before the incident happened.
Being injured by a crime, accident, or willful negligence is never fun. It’s a very trying time, and seeing the situation objectively is challenging. However, staying cool and collected can make the difference between getting the appropriate compensation or quitting the case with a situation you will never recover from.
An experienced Tempe personal injury attorney can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of the legal system. If you are like most people, you may not even get the breadth of what might occur until speaking with a professional. A lawyer can help you realize 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 possible case.
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What is a Tempe Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 begin the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person will retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents in relation to the case, and use all potential resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the legal professional will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury lawyer take?
The PIL generally takes a large variety of cases that can be separated into two main fields. 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 negligence or incompetence of a person.
The second primary field of a PIL is the purposely executed tort case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the list of reasons for a personal injury case is essentially endless.
In addition, and in contrast to nearly all other fields of law, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal 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 receiving 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 case will end up going to court.
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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is fully aware that they are at fault for the incident that led to the claim, they may 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 low profile. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing anything else that is required to beat the claim.
And finally, 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 for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum 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 Tasks?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built 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 suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not others or partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Tempe
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and helped them get the settlement they needed and 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!