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Things a Legal Malpractice Attorney does:
Have you or a loved one been injured either in an accident or by way of the negligence of someone? Many times issues can be resolved by insurance or through a small claims case. Occasionally it can be a good idea to walk it off and get on with your life.
But sometimes you could use someone to get your back. Someone that will fight for your case. A person who will really fight for your side. Sometimes you really should retain a Gilbert personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life before the injury happened.
Being hurt in a crime, accident, or negligence is not ever a good time. It’s an emotional time, and seeing things objectively is difficult. But keeping cool and logically oriented can make the difference between getting the fair compensation that you deserve or leaving the case with no money.
An experienced Gilbert personal injury professional can act as a buffer between you and the difficult situation, making it easier to work with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the potential consequences of what might occur until talking with a professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and if they can help with your case, and help you move forward with any potential claim or case.
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What is a Gilbert Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are usually retained to recover money 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 attorney is usually hired to bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury professional when said dispute involves reimbursement or payment of expenses derived from the injury such as health expenses, mental health issues 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 entitled to. They will speak with all witnesses that can be contacted, research any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then they will first attempt to negotiate a settlement in the case. If that negotiation falls through, the legal professional may consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney fight for?
The PIL generally handles a wide variety of cases falling into two primary 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 carelessness or incompetence of another person.
The second primary study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible causes for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of the legal universe, PILs usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based only upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting 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 case can end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the liable 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial payment sooner rather than having to wait. 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 less in a guaranteed win. This, versus holding out for maximum 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 Personal Injury Lawyer’s Tasks?
First they will take care of locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the lawyer has formed a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation worked out, decides whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees to everything proposed, 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 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 Gilbert
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!