Top Rated Legal Malpractice Attorney in Cottonwood For 2024
Get Legal Solutions for Your Legal Malpractice Needs in Cottonwood.
Call 602-989-1759 Today!
Duties of a Legal Malpractice Attorney:
Has a loved one or you become injured either in an accident or by way of the neglect of someone? At times problems can be solved by insurance or through a small claims court. Occasionally it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But maybe you really need someone to take your side. Someone that will really fight for your cause. A person who will fight on your side. That’s when you really should have a Cottonwood personal injury attorney that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the incident happened.
Being hurt by a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and seeing things objectively is hard. But remaining cool and logically oriented can be the difference between receiving the best payment that you deserve or dropping the case feeling like you should have gotten a more appropriate solution.
An experienced Cottonwood personal injury attorney can act as a counselor between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even get the potential consequences of what might occur until conversing with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with any possible claim or case.
Ask Us Anything About Your Legal Malpractice Legal Needs:
What is a Cottonwood Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired 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 begin the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party can retain a personal injury lawyer when the case involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents in relation to your claim, and use all their potential resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
A PIL generally takes a large number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The second main field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is pretty much endless.
In addition, separate from pretty much all other areas of the legal universe, PILs 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 is successful in the case. It means that there is 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 Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a case can 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 defending party is 100% aware that they are at fault for the incident that led to the claim, they might 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 low profile. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial award sooner rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 in the best interest of either party. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Cottonwood
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 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!