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Things a Legal Malpractice Attorney does:
Has a loved one or you become hurt in an accident or through the neglect of others? Sure, sometimes problems can be solved by personal insurance or through a small claims court. If it is not worth fighting for it can be probably a good idea to walk it off and move on.
But there are times you could use someone to get your back. Someone that will gun for you. A person who can fight for your side. That’s when you really should have a Marana personal injury attorney that will fight for your rights, both in regards to money and personally, so you can get back to your life before the incident occurred.
Being victimized by a crime, accident, or negligence is never fun. It’s an emotional time, and seeing the situation objectively is difficult. But staying cool and logical can be the difference between getting the proper payment or leaving the case with no settlement.
A great Marana personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even comprehend the breadth of the situation until speaking with a legal professional. That person can help you realize all of this in a more objective light, determine if a potential claim exists and whether or not 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 Marana Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader arena of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets 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 initiate the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured party might hire a personal injury professional when said dispute involves reimbursement or payment of expenses coming from any injury such as health costs, mental health problems caused by the injury, and more.
After the attorney has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that can be found, get any and all documents in relation to the claim, and use all their possible resources to verify all of their is accurate.
Then they will first attempt to work out a settlement in the case. If negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what cases does a personal injury lawyer take on?
A PIL usually tackles a large variety of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 another.
The second main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposefully 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 pretty much endless.
In addition, separate from nearly all other fields of the legal universe, personal injury professionals generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based solely 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 necessarily easy. 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 just flat-out refused that a case 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 unnecessary legal costs. 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 give 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 big publicity. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation as soon as possible 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 just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of finding evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Legal Malpractice Attorney in Marana
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 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!