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Things a Legal Malpractice Attorney does:
Has a loved one or you been injured in an accident or by way of the negligence of someone? Sure, sometimes incidents can be determined by insurance or through a small claims case. Occasionally it’s best to drop it and get on with your life because it may cause you more headache than it is worth spending your extremely valuable time on.
But maybe you really could use someone to take your side. Someone who will fight for your cause. A person who will fight on your side. That’s when you really must have a Casa Grande personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back to your life before the injury happened.
Being harmed by a crime, accident, or negligence is never a good time. It’s an extremely trying time, and being objective is very hard. However, keeping calm and logically oriented can make the difference between getting the appropriate compensation that you deserve or dropping the case feeling like you didn’t get what you wanted.
An experienced Casa Grande personal injury attorney can act as a buffer between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even understand the breadth of what might occur until speaking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with any potential claim or case.
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What is a Casa Grande Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are generally retained to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party may retain a personal injury attorney when said case involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer 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 found, gather any and all documents related to your case, and use all potential resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer fight for?
A PIL usually tackles a large variety of cases that can be separated into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 carelessness or incompetence of a person.
The second main study of a PIL is the intentional injustice case. A purposeful tort happens when someone willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other fields of the legal universe, personal injury attorneys usually work on a contingency fee basis. What this means is 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 any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may very well 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 many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defendant is 100% 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 provide much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is necessary to win the case.
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 what either party wants. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest 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 Tasks?
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Casa Grande
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!