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Duties of a Legal Malpractice Attorney:
Has a loved one or you been injured either in an accident or by way of the neglect of someone? Sometimes incidents can be dealt with through personal insurance or through a small claims court. Every once in a while it can be probably a good idea to walk it off and move on because it may cause you more headache than it is worth fighting for.
But perhaps you really need someone to get your back. Someone that will gun for your cause. A professional who can fight on your side. That’s when you really should retain a Mohave County personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can roll back as close as possible to your life before the injury occurred.
Being the victim of a crime, accident, or negligence is not ever fun. It’s an emotional time, and seeing things objectively is very hard. But keeping cool and collected can make the difference between receiving the best compensation or quitting the case with a situation that you will not like.
A successful Mohave County personal injury professional can act as a counselor between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Many people may not even realize the breadth of what might occur until sitting down with a legal professional. That person can help you realize all of this objectively, determine if a possible claim exists and how they can be of service, and help you move forward with any possible claim.
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What is a Mohave County Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers. Civil lawyers are usually hired 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 start the lawsuit and another civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured person might retain a personal injury attorney when the case involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation fails, the attorney can file a lawsuit in response. But what kinds of cases could a personal injury attorney accept?
The PIL generally handles a wide variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other main study of a PIL is the purposely executed wrongful case. An intentional tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the list of causes for a personal injury case is basically endless.
In addition, and in contrast to nearly all other areas of the legal universe, PILs usually 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 won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the 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 send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim may very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is completely 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for high profile people. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff may want financial award as soon as possible rather than down the road. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary 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 in the best interest of either party. The plaintiff may in many cases 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 give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 lawyer 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 occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely 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 decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Mohave County
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!