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What a Legal Malpractice Attorney does:

Legal Malpractice Attorney in Sedona for 2024

Has a loved one or you become injured in an accident or by way of the neglect of someone? Sure, sometimes issues can be solved through personal insurance or through a small claims court. Every once in a while it’s best to forget about it and move forward because it may cause you more headache than it is worth fighting for.

But there are times you really could use someone to take your side. Someone who will fight for your case. A professional who will fight on your side. Then you really should have a Sedona personal injury attorney that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the incident occurred.

Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an emotional time, and being objective is challenging. However, remaining cool and collected can be the difference between getting the proper compensation or dropping the case with no money.

An experienced Sedona personal injury attorney can act as a buffer between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the breadth of what could happen until talking with a legal professional. A lawyer can help you realize all of this objectively, determine if a potential claim exists and if they can help with your case, and help you move forward with the process of any potential case.

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What is a Sedona Legal Malpractice Attorney?

You’ve probably noticed them on TV, on highway billboards, YouTube, in newspapers, and on social media. Personal injury lawyers look like they are everywhere and for a very good reason! But what do they do?

To begin with, personal injury lawyers (PILs) fall into the larger category of civil lawyers, which are also known as litigation 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 a person brings a civil action suit against someone else, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party may hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems arising from the injury, and more.

After the personal injury lawyer has been hired, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to the case, and use all available resources to make sure all of their is accurate.

Then he or she will first attempt to work out the settlement of the case. If that negotiation doesn’t work, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?

A PIL usually handles a large variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone else.

The second primary field of a PIL is the purposely executed injustice case. A purposeful tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is essentially endless.

In addition, separate from nearly all other fields of the legal universe, personal injury professionals nearly 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 has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.

What Are the Implications in an Injury Case?

As mentioned, the eventual result of a case like this will be a settlement or trial, unless the plaintiff quits the claim for some reason. But many personal injury cases wind up in settlement. What this means is that either the accused party sends an offer to the plaintiff, and the proposed settlement is either deemed acceptable by the plaintiff and their lawyer or it is deemed unacceptable and additional negotiation is successful, or the plaintiff makes the demand for payment and the defending party accepts terms that satisfy the plaintiff.

Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim will end up going to trial.

However, it is rare 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 fees. If the other party is totally 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 provide much larger damages.

Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.

Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. 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 exhausting 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 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.

What are the Personal Injury Lawyer’s Duties?

The jobs of a personal injury attorney are wide-ranging, but at their core are quite simple to understand. You probably have a lot of worries regarding your case because you may not be familiar with the law and legal proceedings. Your legal professional should help you figure out the processes of your case.

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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation requested.

Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case 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 no reason to go to trial. If the other party agrees to some terms but not others or is in partial agreement to terms, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.

Choose the Successful Legal Malpractice Attorney in Sedona

When you need a PIL, hiring a Sedona Legal Malpractice Attorney can be a laborious job. So many options are on the table and lawyers in the field, and it can be difficult to distinguish who will do right by you when the market is so saturated with competition. And Sedona is no different. You want an attorney that is experienced in your field of law and has been successful with many of their cases. No attorney in the world can win all cases, but you definitely want a legal professional that only takes cases they feel have a good chance of winning the case. Otherwise it is a waste of time and resources for all involved.

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!