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What a Legal Malpractice Attorney does:
Have you or a loved one become injured either in an accident or by way of the willful negligence of someone? At times things can be resolved through insurance or through a small claims case. If it is extremely minor it’s probably best to walk it off and move on.
But sometimes you really need someone to take your side. Someone who will fight for your case. A person who will really fight on your side. Then you really must have a Pinetop-Lakeside personal injury professional that will fight for your rights, both in regards to finances and individually, so you can get back as close as possible to your life prior to when the incident happened.
Being injured by a crime, accident, or willful negligence is not a good time. It’s a very trying time, and being objective is hard. But staying calm and collected can make the difference between getting the best price that you deserve or going home with no recourse.
An experienced Pinetop-Lakeside personal injury lawyer can act as an advocate between you and the near-impossible situation, making it much easier to navigate the ins and outs of our challenging legal system. If you are like most people, you may not even realize the implications of what’s happening until discussing the matter with a professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any potential case.
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What is a Pinetop-Lakeside Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments from a person or legal entity for 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 will retain a personal injury attorney when the dispute involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health problems arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything in the case that they are legally able to get. They will confront all witnesses that are available, get any and all documents in relation to the claim, and use all potential resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation falls through, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
The PIL generally takes a large 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 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 someone else.
The second main field of a PIL is the purposely executed injustice case. An intentional tort happens when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. As you can tell the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from pretty much all other areas of law, PILs nearly always work on a contingency fee basis. This means that they are not paid unless the person who they are representing has been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal 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 enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim could potentially end up going to trial.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is totally 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for many months or longer. In addition, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial compensation sooner rather than later. Or they may simply not want to complete the never-ending process of putting on a case, presenting evidence, and doing everything else that is required 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 the best situation for either. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case 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 locating evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or partially agrees to terms, 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 Pinetop-Lakeside
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 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!