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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 willful negligence of someone? Sometimes things can be resolved by insurance or through a small claims case. Every once in a while it’s probably best to walk it off and get on with your life because it may cause you more headache than it is worth .
But there are times you need someone to take your side. Someone who will fight for your case. A professional who can really fight on your side. Sometimes you really should retain a Scottsdale personal injury attorney that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the incident occurred.
Being hurt by a crime, accident, or willful negligence is never a good time. It’s a very trying time, and being objective is hard. However, keeping cool and collected can make the difference between getting the proper payment that you deserve or dropping the case with no settlement.
A great Scottsdale personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. Most people may not even realize the full breadth of what’s happening until talking with a professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and how they can be of service, and help you move forward with the process of any possible claim.
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What is a Scottsdale Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers, also known as litigation 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 someone brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said case involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health problems arising from the injury, and more.
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 are available, get any and all documents related to your claim, and use all their available resources to verify all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take?
A PIL usually takes a wide variety of cases falling into two primary groups. 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 uncaring state or incompetence of a person.
The second primary field of a PIL is the intentional tort case. An intentional tort happens when someone purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is nearly endless.
In addition, which is different than most other areas of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins 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 Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a 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 personal injury claim can end up in court.
But it is unusual 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 unneeded legal costs. If the defending 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 out of the news and the public eye. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner rather than down the road. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 the best situation. The accusing party 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 award a much lesser amount.
What are the Personal Injury Lawyer’s 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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on how the negotiation turned out, decides if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees to terms, 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 Scottsdale
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!