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What a Legal Malpractice Attorney does:
Has a loved one or you become hurt either in an accident or by way of the willful negligence of others? Sometimes problems can be solved by personal insurance or through a small claims court. Every once in a while it’s best to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But at times you really could use someone to have your back. Someone who will really fight for your cause. A person who can really fight on your side. Sometimes you really must have a Sahuarita personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life before the injury occurred.
Being injured by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and seeing things objectively is hard. However, staying cool and logically oriented can make the difference between receiving the appropriate price that you deserve or quitting the case worse off than before.
An experienced Sahuarita personal injury lawyer can act as an advocate between you and the difficult situation, making it much easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even fully realize the implications of what could happen until speaking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine if a possible claim exists and how they can be of service, and help you move forward with any potential case.
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What is a Sahuarita Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other valuables 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 someone else, a civil attorney is usually hired to start the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party could retain a personal injury lawyer when the case involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health issues arising from the injury, and more.
After the PIL has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, gather any and all documents in relation to your claim, 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 fails, the legal professional will consider filing a lawsuit in response. But what cases can a personal injury lawyer take?
The PIL generally tackles a large variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another person.
The other primary field of a PIL is the purposely executed injustice case. An intentional tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible causes for a personal injury case is pretty much endless.
In addition, unlike most other areas of the legal world, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could send back a 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 personal injury claim will end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. 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 provide much larger damages.
Secondly, a settlement can help keep the case low profile. This is especially important for publicly known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Extended trials can take an eternity, lasting for months or longer. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff may want 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 just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes 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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking 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 gathering 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 attorney attempts to negotiate the settlement, and depending on whether a settlement is reached, decides whether or not to push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be absolutely no reason to file a court case. If the other party agrees to some 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 additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Sahuarita
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 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!