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Duties of a Legal Malpractice Attorney:
Have you or a loved one been injured either in an accident or through the negligence of someone? Sure, sometimes issues can be fixed by personal insurance or through a small claims court. And every once in a while it’s best just to walk it off and move on.
But sometimes you really could use someone to get your back. Someone who will really gun for you. Someone who will really fight for your side. Sometimes you really need a Tucson, AZ personal injury attorney that will fight for your rights, both financial and personal so you can get back to your life before the incident happened.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an emotional time, and being objective is nearly impossible. But remaining calm and collected can be the difference between receiving the fair remuneration or going home bare-handed.
A Tucson, AZ personal injury attorney can act as a buffer between you and the difficult situation, making it easier to navigate the ins and outs of our intense legal system. Many people may not even realize the implications of what’s happening until they sit down with a professional. An attorney can help you realize all of this objectively, determine the claim and if they can be of service, and help you move forward with any potential claim or case.
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What is a Tucson, AZ Legal Malpractice Attorney?
You’ve seen them on TV, on billboards, YouTube, in newspapers, and on social media. Personal Injury Lawyers are everywhere and for a very good reason. But what do they do?
Well, personal injury lawyers fall within the larger spectrum of civil lawyers. Civil lawyers are usually retained to recover cash or other financial means 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. In the case of an injury, the injured person will, in turn, retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses derived from the injury, such as medical expenses.
After the legal professional has been hired, they will first try to negotiate the settlement of the case. If negotiation fails, the legal professional will file a lawsuit in response. But what kind of cases does a personal injury lawyer take?
The PIL usually tackles a large variety of cases that fall into two main groups. 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 due to the negligence or incompetence of another.
The second primary field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposely injures another. This includes cases of violent crime, assault and battery, slander, theft, and other such situations. Really the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other fields of law, personal injury lawyers almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in an Injury Case?
The eventual result of a case such as this will either be a settlement or trial. But the majority of personal injury cases wind up in settlement. This means that the accused party sends an offer to the plaintiff, and the proposal is either deemed acceptable by the injured party and their lawyer or it is deemed unacceptable.
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo that a case may very well end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for many reasons.
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the defendant 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 lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or larger high profile companies. A big trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. And if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial remuneration sooner rather than later. Or they may just not want to complete the exhausting 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 situation, which is not always the best situation for either.
What are the PIL Lawyer’s Duties?
The tasks of a personal injury attorney are wide-ranging, but at their basis very simple. Your legal professional helps you navigate the legal maze of your case.
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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer will try to negotiate a settlement and decides whether or not to bring the claim to court.
Choose the Successful Legal Malpractice Attorney in Tucson, AZ
Picking a Tucson, AZ Legal Malpractice Attorney can be a difficult task. There are many options on the table and lawyers in the field, and it can be hard to tell who will do the best by you when the market is so saturated with competition. And Tucson, AZ is no different. You want an attorney that is experienced in your field of law and has been successful with many of their cases. No attorney can win all cases, but you definitely want one that only takes cases they feel have a good chance of winning. Otherwise it is a waste of time and resources for all involved.
Here at Delozier Law, we have over 3 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 602-464-9666!