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Things a Legal Malpractice Attorney does:
Has a loved one or you become injured either in an accident or by way of the neglect of others? Sure, sometimes problems can be settled by insurance or through a small claims court. Occasionally it can be probably best to forget about it and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But perhaps you really could use someone to get your back. Someone who will really fight for your cause. A professional who can really fight on your side. That’s when you really must have a Prescott Valley personal injury lawyer that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident occurred.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing things objectively is nearly impossible. But keeping calm and logical can be the difference between getting the proper compensation or quitting the case feeling horrible.
An experienced Prescott Valley personal injury lawyer can act as a counselor between you and the near-impossible situation, making it easier to handle the ins and outs of our legal system. Many people may not even fully realize the facts of what could happen until speaking with a professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and how they can help with your case, and help you move forward with any possible case.
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What is a Prescott Valley Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other financial instruments 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 another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party can retain a personal injury professional when said case involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems arising from the injury, and more.
After the PIL has been hired, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, research any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then they will first try to work out a settlement in the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer fight for?
The PIL usually takes a large variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The other primary field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential reasons 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 professionals generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just 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 final steps of the process aren’t necessarily easy. The injured party can 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 just flat-out refused that a case may end up going to court.
But it is rare 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 party that is liable 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 give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to go through the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
And lastly, 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 for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum dollar amount but also taking the chance of 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 Duties?
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 detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on the outcome of the negotiation, decides if they will bring the claim to court. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Prescott Valley
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. Our clients are extremely pleased with us because we 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!