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What a Legal Malpractice Attorney does:
Has a loved one or you become injured either in an accident or through the neglect of someone? At times incidents can be worked out by personal insurance or through a small claims case. Occasionally it’s probably a good idea to walk it off and move on.
But sometimes you really could use someone to have your back. Someone who will fight for your case. A professional who will really fight on your side. That’s when you really should retain a Mesa personal injury professional that will fight for your rights, both in regards to finances and personal, so you can roll back as close as possible to your life before the injury occurred.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is very hard. But remaining calm and logically oriented can be the difference between receiving the fair compensation or dropping the case with nothing.
An experienced Mesa personal injury professional can act as a buffer between you and the challenging situation, making it easier to deal with the ins and outs of our challenging legal system. Most people may not even fully realize the facts of what’s happening until talking with a professional. An attorney can help you realize all of this in a more objective light, determine if a possible claim exists and how they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Mesa Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might retain a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather all of the information for the case that they are legally able to get. They will speak with all witnesses that can be contacted, research any and all documents in relation to your case, and use all possible resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take?
The PIL generally tackles a wide number of cases that can be separated into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other primary study of a PIL is the purposefully perpetrated injustice case. An intentional tort occurs when one person willfully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of reasons for a personal injury case is basically endless.
In addition, separate from nearly all other areas of the legal world, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be 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 receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case may end up in court.
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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is completely aware that they are at fault for the incident that led to the claim, they may 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 low profile. This is especially important for high profile people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment in the near term rather than having to wait. Or they may simply not want to go through 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 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 in the best interest of either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
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 legal professional 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 incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on how the negotiation turned out, decides if they will bring the case to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Mesa
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!