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What a Legal Malpractice Attorney does:
Has a loved one or you been injured either in an accident or by way of the willful negligence of others? Sometimes issues can be solved by insurance or through a small claims court. If it is not worth fighting for it can be best to walk it off and move on because it may cause you more headache than it is worth spending your valuable time on.
But at times you need someone to have your back. Someone that will gun for your cause. A professional who will fight for your side. Then you really must have a Eloy personal injury attorney that will fight for your rights, both in regards to finances and personal, so you can get back to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is never a good time. It’s an emotional roller coaster, and being objective is challenging. But staying calm and logical can make the difference between getting the best price or dropping the case with a situation you will never recover from.
A successful Eloy personal injury legal representative can act as a buffer between you and the challenging situation, making it much easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the breadth of what might occur until talking with a professional. A legal adviser can help you realize all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move forward with any potential case.
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What is a Eloy Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other assets 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 attorney is usually hired to initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will retain a personal injury professional when the claim involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from 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 able to get. They will speak with all witnesses that can be contacted, research any and all documents related to your claim, and use all their possible resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney fight for?
The PIL usually tackles a large number of cases falling into two main categories. 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 carelessness or incompetence of a person.
The other primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of reasons for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of law, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
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 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 may very well end up going to court.
But 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 creates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is totally 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 provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants 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 whatever it takes 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 of benefit to either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the 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 PIL 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete 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 whether a settlement is reached, decides if they will push to bring the claim 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 completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or partially agrees, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Eloy
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!