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What a Legal Malpractice Attorney does:
Has a loved one or you been injured in an accident or through the willful neglect of others? There are times problems can be settled through personal insurance or through a small claims case. Every once in a while it’s best to forget about it and move forward.
But there are times you could use someone to take your side. Someone who will gun for your cause. Someone who will really fight on your side. That’s when you really need a Pinal County personal injury lawyer that will fight for your rights, both financial and individually, so you can get back to your life before the incident occurred.
Being unwillingly involved in a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is nearly impossible. However, keeping calm and collected can be the difference between receiving the proper compensation that you deserve or leaving the case a permanently awful situation.
A Pinal County personal injury lawyer can act as a buffer between you and the difficult situation, making it easier to handle the ins and outs of our legal system. Most people may not even fully realize the implications of what might occur until conversing with a legal professional. An attorney can help you realize all of this objectively, determine if a claim exists and how they can be of service, and help you move forward with any possible claim or case.
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What is a Pinal County Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other valuables from a person or legal entity for 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 bring the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person will retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems caused by the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be contacted, gather any and all documents related to the case, and use all their possible resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation falls through, the lawyer may consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer take on?
The PIL generally tackles a wide variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is pretty much endless.
In addition, separate from pretty much all other areas of law, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving 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.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. 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 settlement can help keep the case on the down low. This is especially important for well-known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
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 the best situation. 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 court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries suffered, 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 if they will bring the case 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 completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or is in partial agreement, it will be up to the plaintiff 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 Pinal County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!