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What a Legal Malpractice Attorney does:

Legal Malpractice Attorney in Cave Creek for 2022Has a loved one or you been injured in an accident or through the neglect of others? Many times issues can be settled by personal insurance or through a small claims case. Every once in a while it can be a good idea to forget about it and move on.

But maybe you really need someone to take your side. Someone who will fight for your case. Someone who will really fight on your side. Sometimes you really need a Cave Creek personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back to your life prior to when the incident happened.

Being the victim of a crime, accident, or negligence is not a good time. It’s an extremely trying time, and being objective is challenging. But remaining cool and collected can be the difference between getting the fair price or leaving the case broke.

A Cave Creek personal injury attorney can act as a counselor between you and the near-impossible situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even understand the facts of what could happen until discussing the matter with a legal professional. A lawyer can help you realize all of this in a more objective light, determine if a claim exists and how they can be of service, and help you move ahead with the process of any possible claim or case.

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    What is a Cave Creek Legal Malpractice Attorney?

    Have you seen all the ads for personal injury attorneys? It looks like they are all over! They appear to talk about things like mesothelioma, doctor-induced injuries, injury accidents, and many other types of cases. You may wonder what they really do, if they are really helpful to people, and how they actually help people.

    Well, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from any injury such as health costs, mental health issues arising from the injury, and more.

    After the lawyer has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents in relation to your case, and use all available resources to make sure all of their is accurate.

    Then they may first attempt to work out the settlement of the case. If negotiation doesn’t work, the legal professional could fie a lawsuit in response. But what kinds of cases does a personal injury lawyer take on?

    A PIL generally takes a large variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.

    The other main field of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is basically endless.

    In addition, unlike pretty much all other fields of the legal universe, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the financial compensation received by their client.

    What Are the Implications in a Personal Injury Case?

    As mentioned, the eventual result of a case like this will either be a settlement or trial, unless the plaintiff quits the claim for some reason. But most personal injury cases end up settling out of court. This means that either the defendant sends an offer to the plaintiff, and the proposed settlement is either deemed acceptable by the injured party and their lawyer or it is not accepted and additional negotiation is successful, or the plaintiff makes the demand for payment and the defending party accepts terms that please the accusing party.

    Of course, sometimes even these final steps of the process aren’t so simple. The injured party can 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 or an offer is totally unacceptable that a personal injury claim can end up going to court.

    However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:

    First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the liable party is completely aware that they are at fault for the incident that led to the claim, they probably do 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 DL. This is especially important for well-known people. A big trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding non-disclosure.

    Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award in the near term rather than down the road. Or they may simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.

    And lastly, 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 for either. 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 taking the chance of either losing the court case or having a judge or jury give a much lesser amount.

    What are the PIL Duties?

    The jobs of a personal injury lawyer are comprehensive, but at their core are quite basic. You may have a lot of concerns regarding your case because you may not be familiar with the laws in your area or state and legal proceedings. Your legal professional can answer your questions and help you navigate the tasks of your case.

    First they will take care of gathering 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 attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.

    Choose the Successful Legal Malpractice Attorney in Cave Creek

    Choosing a Cave Creek Legal Malpractice Attorney can be a challenging task. There are many options on the table and lawyers in the field, and it can be difficult to tell who will do the best by you when the market is so saturated in competition. And Cave Creek 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 in the world can win all cases, but you definitely want a legal professional 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 4 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!