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What a Legal Malpractice Attorney does:
Has a loved one or you become injured either in an accident or by way of the willful negligence of someone? At times problems can be settled through personal insurance or through a small claims court. Every once in a while it’s probably a good idea to walk it off and move on because it may cause you more headache than it is worth spending your valuable time on.
But maybe you could use someone to take your side. Someone who will really gun for your cause. Someone who can fight on your side. That’s when you really need a Flagstaff personal injury lawyer that will fight for your rights, both in regards to finances and personal, so you can get back as close as possible to your life prior to when the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is challenging. But keeping cool and logical can make the difference between receiving the best payment that you deserve or leaving the case with a situation you will never recover from.
A great Flagstaff personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. Most people may not even get the potential consequences of what’s happening until sitting down with a professional. A lawyer can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move forward with the process of any possible claim.
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What is a Flagstaff Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity on behalf of 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 attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party may hire a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather everything in 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 your case, and use all available resources to make sure all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the attorney can file a lawsuit in response. But what cases does a personal injury attorney take on?
The PIL generally tackles a wide number of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The second primary study of a PIL is the intentional wrongful case. An intentional tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, separate from nearly all other fields of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim will end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully 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 award much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment in the near term rather than later. Or they may just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the claim to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees to terms, the ball is then put back in the plaintiff’s court to determine if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Flagstaff
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 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!