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Duties of a Legal Malpractice Attorney:
Have you or a loved one become hurt in an accident or by way of the neglect of someone? Many times issues can be worked out through personal insurance or through a small claims court. Occasionally it can be probably a good idea to forget about it and get on with your life.
But there are times you really need someone to have your back. Someone who will gun for your case. A person who can really fight for your side. That’s when you really must have a Peoria AZ personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the injury happened.
Being hurt in a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing things objectively is nearly impossible. But staying cool and logical can be the difference between receiving the best payment that you deserve or leaving the case with no settlement.
A great Peoria AZ personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even get the potential consequences of what might occur until sitting down with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move forward with the process of any potential claim.
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What is a Peoria AZ Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 start the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury lawyer when the claim involves reimbursement or payment of expenses derived from any injury such as medical expenses, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that can be found, get any and all documents in relation to the claim, and use all their available resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation fails, the lawyer may consider filing a lawsuit in response. But what kinds of cases can a personal injury attorney take on?
A PIL generally handles a large number 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 someone else.
The other primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposefully 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 pretty much endless.
In addition, unlike nearly all other areas 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 beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an 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 getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim could potentially end up in court.
But 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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is completely 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. In addition, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award 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 simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes 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 of benefit to either party. The plaintiff may in many cases rather settle for a little 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, 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.
Choose the Successful Legal Malpractice Attorney in Peoria AZ
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!