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Duties of a Legal Malpractice Attorney:
Have you or a loved one been injured in an accident or through the neglect of someone? At times problems can be worked out through insurance or through a small claims court. Every once in a while it can be probably best to walk it off and move forward because it may cause you more headache than it is worth .
But sometimes you really could use someone to get your back. Someone who will really gun for your cause. Someone who can fight on your side. Then you really should have a Coconino County personal injury attorney that will fight for your rights, both financial and personal, so you can get back to your life before the injury happened.
Being injured by a crime, accident, or negligence is never a good time. It’s an emotional roller coaster, and seeing the situation objectively is challenging. However, keeping cool and logically oriented can be the difference between receiving the fair compensation that you deserve or dropping the case with no money.
An experienced Coconino County personal injury legal representative can act as a counselor between you and the near-impossible situation, making it much easier to handle the ins and outs of our legal system. Many people may not even fully realize the full breadth of what might occur until speaking with a legal professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and whether they can help with your case, and help you move ahead with any potential case.
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What is a Coconino County Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other financial means from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to start the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person will hire a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the personal injury lawyer has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, get any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation fails, the legal professional can file a lawsuit in response. But what kinds of cases can a personal injury attorney take on?
A PIL usually handles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of 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 second main field of a PIL is the purposefully perpetrated tort case. An intentional tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of reasons for a personal injury case is basically endless.
In addition, which is different than nearly all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may very well end up going to trial.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable 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 out of the news and the public eye. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award sooner rather than having to wait. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And lastly, 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 plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also risking 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 gathering 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 opposing party. This letter includes a breakdown of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Coconino County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. We have won many cases for our clients and 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!