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Duties of a Legal Malpractice Attorney:
Have you or a loved one been hurt in an accident or by way of the willful neglect of others? Many times issues can be settled by personal insurance or through a small claims court. If it is very minor it can be probably best to walk it off and move on because it may cause you more headache than it is worth .
But at times you really need someone to get your back. Someone that will really fight for your cause. A person who will fight on your side. Sometimes you really should retain a Oro Valley personal injury professional 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 prior to when the injury happened.
Being unwillingly involved in a crime, accident, or negligence is never enjoyable. It’s a very trying time, and seeing the situation objectively is hard. However, staying cool and collected can be the difference between getting the best compensation or leaving the case with no settlement.
A great Oro Valley personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our intense legal system. Most people may not even get the implications of what could happen until conversing with a legal professional. A lawyer can help you see all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with any possible claim.
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What is a Oro Valley Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover money or other financial means 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 initiate the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person could hire a personal injury attorney when said dispute involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to your claim, and use all potential resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?
The PIL generally takes a large number of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of the legal universe, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may very well 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 defending party is completely 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 provide much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Extended court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award sooner rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of locating 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 defendant. This letter includes a breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides 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 put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Oro Valley
Here at DeLozier Law, we have many 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!