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What a Legal Malpractice Attorney does:
Has a loved one or you become hurt in an accident or through the negligence of someone? Sure, sometimes things can be solved through insurance or through a small claims court. Every once in a while it’s a good idea to forget about it and get on with your life because it may cause you more headache than it is worth fighting for.
But sometimes you could use someone to take your side. Someone that will really fight for you. A person who will really fight on your side. Those are the times you really must have a Arizona personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury happened.
Being hurt by a crime, accident, or negligence is not a good time. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But keeping calm and logical can be the difference between getting the proper price or leaving the case with a situation that you will not like at all.
An experienced Arizona personal injury lawyer can act as an advocate between you and the near-impossible situation, making it easier to deal with the ins and outs of our intense legal system. Many people may not even realize the implications of the situation until talking with a professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and how they can help with your case, and help you move forward with the process of any possible case.
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What is a Arizona Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover money 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 someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant to defend it. In the case of bodily injury, the injured party could hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health problems arising from the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information from 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 available resources to verify all of their is accurate.
Then he or she may first attempt to work out a settlement in the case. If negotiation falls through, the attorney may consider filing a lawsuit in response. But what kinds of cases would a personal injury attorney accept?
A PIL usually takes a wide number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other main study of a PIL is the intentional injustice case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the potential causes for a personal injury case is essentially endless.
In addition, and completely different from pretty much all other areas of the legal world, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon 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 could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is completely 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 settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. Not only that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award sooner rather than later. Or they may just not want to go through 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 a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the PIL 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Arizona
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!