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Duties of a Legal Malpractice Attorney:
Has a loved one or you become injured either in an accident or by way of the neglect of someone? Sometimes issues can be solved by insurance or through a small claims court. If it is very minor it can be best to drop it and move forward.
But perhaps you could use someone to get your back. Someone who will gun for your case. Someone who will really fight on your side. Those are the times you really must have a Fountain Hills personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back to your life before the injury happened.
Being unwillingly involved in a crime, accident, or willful negligence is not enjoyable. It’s an extremely trying time, and being objective is hard. However, staying calm and logical can be the difference between getting the best payment that you deserve or going home worse off than before.
A Fountain Hills personal injury professional can act as an advocate between you and the near-impossible situation, making it much easier to deal with the ins and outs of our challenging legal system. Many people may not even get the implications of what might occur until discussing the matter with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a potential claim exists and if they can be of service, and help you move ahead with the process of any possible case.
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What is a Fountain Hills Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables 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 another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party might retain a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems caused by the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer accept?
A PIL usually takes 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, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The other main field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last 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 unacceptable that a case may end up going to trial.
However, it is rare 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 unneeded legal fees. If the defending party is completely aware that they are at fault for the incident that led to the claim, they would 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 big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial payment 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 finish the never-ending 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 for the best. The plaintiff would rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking either losing the claim completely 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 occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not all of them or partially agrees, 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 go to court.
Choose the Successful Legal Malpractice Attorney in Fountain Hills
Here at DeLozier Law, we have over 4 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!