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Duties of a Legal Malpractice Attorney:
Has a loved one or you been injured in an accident or by way of the neglect of someone? Many times issues can be settled by personal insurance or through a small claims court. Every once in a while it can be probably best to drop it and move forward because it may cause you more headache than it is worth .
But sometimes you really could use someone to get your back. Someone that will fight for your cause. A person who can really fight on your side. That’s when you really should have a Pima 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 incident happened.
Being hurt by a crime, accident, or willful negligence is not ever a good time. It’s an emotional time, and being objective is hard. However, keeping cool and logical can make the difference between getting the best price that you deserve or going home with a situation that you will not like.
A Pima personal injury professional can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our intense legal system. Most people may not even comprehend the full breadth of what’s happening until speaking 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 whether they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Pima Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other financial means 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 lawyer is usually hired to begin the lawsuit and another civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury professional when the claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues arising from 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 speak with all witnesses that can be found, gather any and all documents in relation to the case, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate the settlement of the case. If that negotiation doesn’t work, the lawyer can file a lawsuit in response. But what cases would a personal injury lawyer accept?
The PIL usually takes a wide number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 carelessness or incompetence of someone.
The other main study of a PIL is the purposely executed tort case. An intentional tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential causes for a personal injury case is essentially endless.
In addition, which is different than nearly all other fields of law, PILs 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 beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim will 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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely 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 give much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial award as soon as possible 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 ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required 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. The plaintiff would rather settle for 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 give a much lesser amount.
What are the PIL Duties?
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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not 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 to all terms, then there would be no reason to go to trial. 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 file a claim in court.
Choose the Successful Legal Malpractice Attorney in Pima
Here at DeLozier Law, we have many 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!