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Things a Legal Malpractice Attorney does:
Has a loved one or you become injured in an accident or by way of the neglect of others? Sometimes incidents can be solved through insurance or through a small claims case. If it is very minor it can be probably a good idea to drop it and get on with your life.
But at times you could use someone to take your side. Someone who will fight for your cause. A person who will fight on your side. Sometimes you really should retain a Tucson personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the incident happened.
Being victimized by a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing the situation objectively is difficult. However, staying cool and collected can be the difference between receiving the best price or going home worse off than before.
A great Tucson personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even fully realize the potential consequences of what might occur until discussing the matter with a professional. An attorney can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move forward with any potential claim or case.
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What is a Tucson Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other assets 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 another person, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person could retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues caused by the injury, and more.
After the lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents in relation to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation doesn’t work, the attorney may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer fight for?
A PIL generally handles a large number of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other main study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, separate from pretty much all other fields of the legal universe, personal injury attorneys usually work on a contingency fee basis. What this means is 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 strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 claim could potentially end up in front of a judge.
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 creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable 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 give much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants 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 finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Duties?
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 occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation turned out, chooses whether or not to push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms 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 of the terms but not others or only partially agrees to terms, 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 Tucson
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 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!