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What a Legal Malpractice Attorney does:
Has a loved one or you been injured either in an accident or through the negligence of others? Many times incidents can be solved through personal insurance or through a small claims court. Occasionally it can be probably best 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 take your side. Someone who will fight for your case. A person who can really fight on your side. Those are the times you really should have a Prescott personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life prior to when the incident occurred.
Being injured by a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and being objective is nearly impossible. However, keeping calm and collected can make the difference between getting the proper compensation that you deserve or going home empty handed.
A successful Prescott personal injury lawyer can act as an advocate between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even realize the implications of what might occur until speaking with a professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and whether they can be of service, and help you move ahead with any possible claim or case.
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What is a Prescott Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables 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 attorney is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury attorney when said claim involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be contacted, gather any and all documents related to your claim, and use all their potential resources to verify all of their is accurate.
Then they will first try to negotiate a settlement in the case. If that negotiation falls through, the attorney may consider filing a lawsuit in response. But what cases would a personal injury attorney accept?
A PIL usually tackles 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 neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main study of a PIL is the purposely executed injustice case. An intentional tort happens when one person intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the list of causes for a personal injury case is basically endless.
In addition, which is different than nearly all other areas of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has overcome the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even these final 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may very well end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than having to wait. Or they may just not want to complete 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 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 what either party wants. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 Tasks?
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 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 happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the claim to trial. 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 completely to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or is in partial agreement 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 file a claim in court.
Choose the Successful Legal Malpractice Attorney in Prescott
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!