Top Rated Legal Malpractice Attorney in Queen Creek
Get Legal Solutions for Your Legal Malpractice Needs in Queen Creek.
Call 602-989-1759 Today!
Duties of a Legal Malpractice Attorney:
Have you or a loved one been hurt either in an accident or by way of the willful neglect of someone? Sure, sometimes things can be worked out by insurance or through a small claims case. Occasionally it can be a good idea to walk it off and move forward.
But at times you need someone to take your side. Someone who will really fight for your cause. Someone who will really fight for your side. Those are the times you really should have a Queen Creek personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can get back as close as possible to your life before the injury happened.
Being victimized by a crime, accident, or willful negligence is not a good time. It’s an emotional roller coaster, and being objective is nearly impossible. But remaining calm and collected can be the difference between receiving the fair compensation that you deserve or leaving the case feeling incompetent.
A successful Queen Creek personal injury legal representative can act as a counselor between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. Many people may not even fully realize the implications of what might occur until conversing with a professional. A lawyer can help you see all of this in a more objective light, determine if a claim exists and if they can help with your case, and help you move forward with any possible claim or case.
Ask Us Anything About Your Legal Malpractice Legal Needs:
What is a Queen Creek Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers. Civil lawyers are generally hired to recover money or other assets from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party can retain a personal injury lawyer when said claim 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 lawyer has been retained, they will gather all of the information from 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 case, and use all possible resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation fails, the attorney may consider filing a lawsuit in response. But what kinds of cases could a personal injury lawyer accept?
A PIL generally tackles a wide number of cases that fall into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. Wrongful death can be 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.
The second primary field of a PIL is the intentional wrongful case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is nearly endless.
In addition, separate from nearly all other fields of law, personal injury lawyers usually work on a contingency fee basis. What this means is 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 otherwise. Their fee is based just upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case can end up going to trial.
However, 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 unneeded legal costs. If the defending party is 100% 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 give much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for well-known people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for many months. 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 compensation as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing anything else that is necessary to win the case.
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 the best situation for either. The accusing party would rather settle for a little 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 award a much lesser amount.
What are the PIL 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms. If the other party agrees completely to everything proposed, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not all of them or partially agrees, it will be up to the plaintiff 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 Queen Creek
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 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!