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Things a Legal Malpractice Attorney does:
Has a loved one or you been injured either in an accident or through the willful negligence of others? Many times things can be worked out through insurance or through a small claims case. Occasionally it can be probably a good idea to forget about it and get on with your life.
But at times you really could use someone to get your back. Someone that will really gun for your case. A person who will really fight for your side. Those are the times you really should have a Maricopa 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 injury occurred.
Being the victim of a crime, accident, or willful negligence is never a good time. It’s an emotional time, and being objective is nearly impossible. But keeping cool and collected can make the difference between getting the best payment or quitting the case with your tail between your legs.
An experienced Maricopa personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the implications of what might occur until speaking with a legal professional. An attorney 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 ahead with the process of any potential case.
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What is a Maricopa Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets 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 start the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party can hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues arising from the injury, and more.
After the PIL has been retained, they will gather all of the information 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 the claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation fails, the attorney will consider filing a lawsuit in response. But what kinds of cases does a personal injury lawyer take on?
A PIL usually tackles a wide number of cases that can be divided into two primary fields. 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 other primary field of a PIL is the purposefully perpetrated injustice case. An intentional 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 list of causes for a personal injury case is basically endless.
In addition, separate from pretty much all other areas 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 beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 just flat-out refused 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 several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award in the near term rather than later. Or they may simply not want to go through the never-ending 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 for the best. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. 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 of the terms but not others or only partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Maricopa
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!