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What a Legal Malpractice Attorney does:
Have you or a loved one become injured in an accident or by way of the negligence of others? Sometimes problems can be settled by personal insurance or through a small claims case. Occasionally it can be best to walk it off and get on with your life.
But maybe you could use someone to get your back. Someone who will really fight for your cause. A person who will fight for your side. Sometimes you really should retain a Goodyear personal injury lawyer 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 injury happened.
Being injured by a crime, accident, or willful negligence is not a good time. It’s an extremely trying time, and being objective is difficult. However, keeping calm and logical can make the difference between receiving the fair payment that you deserve or going home a permanently awful situation.
A successful Goodyear personal injury professional can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even understand the breadth of what could happen until sitting down with a professional. A lawyer can help you see all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move ahead with the process of any possible case.
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What is a Goodyear Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the person or entity being accused. In the case of bodily injury, the injured party may hire a personal injury attorney when the dispute involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather all of the information from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents related to the case, and use all available resources to make sure all of their is accurate.
Then they may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney fight for?
The PIL usually takes a large number of cases that fall into two main groups. 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.
The second primary study of a PIL is the purposely executed wrongful case. An intentional tort happens when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the list of causes for a personal injury case is essentially endless.
In addition, which is different than pretty much all other fields of the legal world, personal injury attorneys almost 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 has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can 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 claim could potentially end up in 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 creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is fully aware that they are at fault for the incident that led to the claim, they would 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 DL. This is especially important for publicly 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 fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment in the near term 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 everything else that is required to win the case.
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 accusing party 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation works out, chooses 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 terms of the settlement. If the other party agrees to all terms, then there would be no reason to file a court case. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, 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 Goodyear
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!