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Duties of a Legal Malpractice Attorney:
Have you or a loved one been injured in an accident or through the willful neglect of others? Sure, sometimes problems can be settled by personal insurance or through a small claims court. Occasionally it’s probably a good idea to forget about it and get on with your life.
But perhaps you need someone to get your back. Someone that will really fight for you. A professional who will fight for your side. Then you really must have a Thatcher personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can get back to your life prior to when the incident occurred.
Being hurt by a crime, accident, or negligence is not fun. It’s an emotional roller coaster, and being objective is difficult. However, keeping calm and collected can be the difference between receiving the best price that you deserve or dropping the case with your tail between your legs.
An experienced Thatcher personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to work with the ins and outs of our legal system. If you are like most people, you may not even realize the breadth of what could happen until conversing with a professional. A legal adviser can help you see all of this objectively, determine the potential of a claim and whether or not they can help with your case, and help you move forward with the process of any possible case.
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What is a Thatcher Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured person can hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the legal professional has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents related to the claim, and use all available resources to verify all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer accept?
The PIL generally tackles a wide variety 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 can be 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 another person.
The other primary field of a PIL is the purposely executed injustice case. A purposeful tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other areas of the legal universe, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim may very well end up going to court.
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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable 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 settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for months. In addition, if there are any appeals, the outcome can remain in the system 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 ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
And lastly, 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 the best situation for either. The plaintiff may in many cases 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on how the negotiation turns out, 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 terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Thatcher
Here at DeLozier Law, we have over 4 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!