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Duties of a Legal Malpractice Attorney:
Has a loved one or you become hurt in an accident or through the negligence of someone? At times problems can be settled by insurance or through a small claims court. If it is not worth fighting for it’s a good idea to forget about it and get on with your life.
But at times you need someone to get your back. Someone who will really gun for your case. A person who can really fight for your side. Then you really need a Glendale AZ 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 occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an extremely trying time, and being objective is hard. However, staying calm and logically oriented can be the difference between receiving the fair payment that you deserve or dropping the case with nothing.
An experienced Glendale AZ personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the facts of what could happen until talking with a legal professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and whether they can be of service, and help you move ahead with any possible claim or case.
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What is a Glendale AZ Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired 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 lawyer is retained by the defendant. In the case of bodily injury, the injured person can hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems arising from the injury, and more.
After the attorney has been hired, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents in relation to your claim, and use all available resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take?
The PIL usually handles a wide variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, 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 injustice case. An intentional tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the list of causes for a personal injury case is essentially endless.
In addition, which is different than most other fields of law, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon 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 receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim will end up going to court.
However, 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 unneeded legal fees. If the defending party is completely 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 or large high profile companies. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
And lastly, 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 what either party wants. The plaintiff would rather settle for less in a guaranteed win. This, versus holding out for 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 Tasks?
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 attorney has built 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 demanded.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to push to bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or is in partial agreement, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Glendale AZ
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!