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What a Legal Malpractice Attorney does:
But maybe you could use someone to take your side. Someone that will fight for you. Someone who can really fight on your side. That’s when you really need a Chino Valley personal injury professional that will fight for your rights, both financial and individually, so you can roll back to your life before the incident occurred.
Being the victim of a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is nearly impossible. But keeping cool and logical can make the difference between receiving the proper compensation that you deserve or leaving the case with no settlement.
A Chino Valley personal injury professional can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of the legal system. Most people may not even comprehend the facts of what might occur until speaking with a legal professional. An attorney can help you realize all of this in a more objective light, determine the claim and how they can help with your case, and help you move forward with any possible claim.
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What is a Chino Valley Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the broader arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables 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 attorney is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party might retain a personal injury professional when said claim involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health issues caused by the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation fails, the attorney may consider filing a lawsuit in response. But what kinds of cases can a personal injury lawyer accept?
A PIL generally handles a wide number of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other main study of a PIL is the intentional wrongful case. An intentional tort happens when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, separate from most other fields of law, personal injury professionals almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can 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 totally unacceptable that a case 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 variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is 100% 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in court for even longer. 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 just not want to finish 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 in the best interest of either party. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for 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?
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 opposing party. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Chino Valley
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we helped them get the settlement they needed and 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!