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Things a Legal Malpractice Attorney does:
Has a loved one or you become injured in an accident or through the negligence of others? Many times incidents can be settled by insurance or through a small claims case. If it is extremely minor it’s best to drop it and get on with your life.
But maybe you really need someone to take your side. Someone that will fight for your cause. A person who will fight for your side. Then you really must have a Chandler personal injury professional that will fight for your rights, both in regards to finances 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 not ever fun. It’s a very trying time, and being objective is very hard. However, remaining cool and logically oriented can make the difference between receiving the best payment that you deserve or dropping the case with no recourse.
A successful Chandler personal injury attorney can act as an advocate between you and the difficult situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even get the full breadth of what’s happening until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move ahead with any possible claim.
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What is a Chandler Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial means 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 start the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured party will retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from any injury such as medical costs, mental health issues arising from the injury, and more.
After the lawyer has been retained, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to your claim, and use all available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney accept?
A PIL usually takes a wide number of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death can be 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.
The second primary field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of the legal world, personal injury attorneys nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a personal injury claim may very well end up going to court.
However, it is unusual 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 other party is fully 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 for the best. The plaintiff 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Duties?
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 attorney 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 suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some terms but not others or partially agrees, the ball is then put back in the plaintiff’s court 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 Chandler
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!