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Things a Legal Malpractice Attorney does:
Have you or a loved one become injured either in an accident or through the negligence of others? Sometimes issues can be settled by insurance or through a small claims court. Occasionally it can be probably best to forget about it and get on with your life.
But at times you 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 should retain a Paradise Valley personal injury professional that will fight for your rights, both financial and individually, so you can get back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and seeing things objectively is very hard. However, remaining calm and logical can make the difference between getting the appropriate compensation that you deserve or dropping the case with a situation that you will not like at all.
An experienced Paradise Valley personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the breadth of what could happen until discussing the matter with a professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with any potential claim.
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What is a Paradise Valley Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured party might hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather all of the information for 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 possible resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation fails, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney fight for?
A PIL usually handles a wide number of cases that fall into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 negligence or incompetence of another person.
The other main field of a PIL is the purposely executed tort case. A purposeful tort occurs when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the possible causes for a personal injury case is pretty much endless.
In addition, separate from most other fields of law, personal injury lawyers generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the 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 necessarily easy. The injured party can 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 totally unacceptable that a case may end up going to trial.
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 unnecessary legal fees. If the defending 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
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 there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than down the road. Or they may just not want to go through the ridiculously long 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest 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 Tasks?
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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to decide 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 Paradise Valley
Here at DeLozier Law, we have many 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!