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Duties of a Legal Malpractice Attorney:
Has a loved one or you been hurt either in an accident or through the negligence of others? There are times things can be resolved through personal insurance or through a small claims court. If it is extremely minor it can be a good idea to drop it and move forward because it may cause you more headache than it is worth spending your valuable time on.
But at times you really need someone to take your side. Someone that will really gun for your case. A person who can fight for your side. That’s when you really should retain a Phoenix personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the injury happened.
Being the victim of a crime, accident, or willful negligence is not ever fun. It’s a very trying time, and being objective is challenging. However, staying calm and collected can be the difference between getting the best compensation that you deserve or going home a permanently awful situation.
A Phoenix personal injury legal representative can act as a buffer between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the implications of what might occur until speaking with a professional. A lawyer can help you realize all of this objectively, determine if a possible claim exists and if they can be of service, and help you move ahead with any potential claim or case.
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What is a Phoenix Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may retain a personal injury attorney when the case involves reimbursement or payment of expenses caused by any injury such as medical expenses, mental health issues caused by the injury, and other possible costs.
After the PIL has been retained, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to the case, and use all their potential resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If that negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney accept?
A PIL generally handles a large variety of cases that can be separated into two main fields. 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 negligence or incompetence of someone.
The second primary study of a PIL is the intentional injustice case. A purposeful tort occurs when someone purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is pretty much endless.
In addition, which is different than pretty much all other fields of the legal universe, personal injury attorneys nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome 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 these final steps of the process aren’t necessarily easy. The injured party could 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 unacceptable that a personal injury claim may very well end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is 100% 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait. Or they may just not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.
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 for the best. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking 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 Tasks?
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 opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on whether a settlement is reached, decides if they will push to bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Phoenix
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!