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Things a Legal Malpractice Attorney does:
Have you or a loved one become hurt either in an accident or by way of the negligence of someone? Many times things can be dealt with through personal insurance or through a small claims case. If it is extremely minor it can be a good idea to drop it and get on with your life because it may cause you more headache than it is worth .
But at times you need someone to take your side. Someone that will really gun for you. Someone who can fight for your side. That’s when you really should have a Maricopa County personal injury attorney that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the injury happened.
Being harmed by a crime, accident, or negligence is not ever a good time. It’s an emotional time, and being objective is challenging. But keeping cool and collected can make the difference between receiving the fair compensation that you deserve or dropping the case with no recourse.
An experienced Maricopa County personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the breadth of what’s happening until conversing with a professional. That person can help you see all of this in a more objective light, determine the potential of a claim and whether they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Maricopa County Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are usually retained to recover cash 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 another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is hired by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury attorney when the claim involves reimbursement or payment of expenses coming from the injury such as medical costs, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents in relation to the case, and use all possible resources to verify all of their is accurate.
Then he or she will first try to work out a settlement in the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response. But what cases would a personal injury lawyer take on?
A PIL usually takes a wide number of cases that fall into two primary categories. 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 uncaring state or incompetence of someone.
The second main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other areas of the legal world, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be 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 an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case may end up in front of a judge.
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 unneeded legal costs. If the defending party is 100% 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 settlement can help keep the case on the down low. This is especially important for high profile people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if the other party appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial compensation 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 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 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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Legal Malpractice Attorney in Maricopa County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!