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Things a Legal Malpractice Attorney does:
Have you or a loved one been injured either in an accident or through the negligence of someone? Sure, sometimes incidents can be dealt with by insurance or through a small claims court. Occasionally it can be best to walk it off and move forward.
But perhaps you need someone to have your back. Someone that will gun for your case. A professional who can really fight for your side. Sometimes you really should retain a Gila County personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back to your life before the incident happened.
Being hurt by a crime, accident, or willful negligence is not ever enjoyable. It’s a very trying time, and being objective is difficult. But keeping calm and collected can be the difference between receiving the appropriate price that you deserve or quitting the case broke.
An experienced Gila County personal injury professional can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. If you are like most people, you may not even understand the breadth of what’s happening until discussing the matter with a professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and whether they can be of service, and help you move forward with any potential claim.
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What is a Gila County Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally 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 another person, a civil lawyer is usually hired to bring the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person could retain a personal injury attorney when said claim involves reimbursement or payment of expenses coming from the injury such as health costs, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather everything for the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney fight for?
The PIL usually tackles a wide variety of cases that can be divided into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other primary study of a PIL is the intentional wrongful case. A purposeful tort happens when one person purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is nearly endless.
In addition, and completely different from nearly all other fields of the legal universe, personal injury attorneys almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. 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 wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim will end up in 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they probably do 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 on the down low. This is especially important for well-known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted court cases can take an eternity, lasting for many months. Not only that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation 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 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 accusing party may in many cases rather settle for 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 award 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation worked out, decides if they will push to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not others or only is in partial agreement, the ball is then put back in the plaintiff’s court to determine 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 Gila County
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!