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What a Legal Malpractice Attorney does:
Has a loved one or you become hurt in an accident or through the willful neglect of someone? At times problems can be dealt with by personal insurance or through a small claims case. Occasionally it’s best to drop it and move forward.
But perhaps you could use someone to take your side. Someone that will really gun for you. Someone who will really fight on your side. Then you really should have a Willcox personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and being objective is difficult. But remaining calm and collected can make the difference between getting the proper payment that you deserve or going home feeling like you didn’t get what you wanted.
An experienced Willcox personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to deal with the ins and outs of our challenging legal system. Most people may not even realize the implications of what could happen until speaking with a professional. That person can help you see all of this objectively, determine if a potential claim exists and whether or not they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Willcox Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money 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 someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person will hire a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that are available, gather any and all documents related to the claim, and use all their potential resources to verify all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may file a lawsuit in response. But what kinds of cases does a personal injury attorney take?
The PIL usually handles a wide variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 uncaring state or incompetence of another.
The second main field of a PIL is the intentional tort case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is basically endless.
In addition, which is different than nearly all other fields of law, PILs usually work on a contingency fee basis. What this means is 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 any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case can end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is totally 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 settling the case will keep it on the down low. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial payment as soon as possible rather than later. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the PIL Duties?
First they will take care of finding 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 happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the case to trial. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement, it will be up to the plaintiff 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 Willcox
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!