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Duties of a Legal Malpractice Attorney:
Has a loved one or you been hurt either in an accident or by way of the neglect of someone? Sometimes issues can be worked out through personal insurance or through a small claims case. If it is extremely minor it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But perhaps you really need someone to get your back. Someone who will really gun for your cause. A professional who will really fight on your side. That’s when you really should have a Show Low personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident happened.
Being injured by a crime, accident, or willful negligence is never a good time. It’s a very trying time, and seeing things objectively is very hard. But staying calm and logically oriented can make the difference between getting the best price or quitting the case empty handed.
An experienced Show Low personal injury legal representative can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. Most people may not even realize the implications of what could happen until talking with a professional. A legal adviser can help you realize all of this objectively, determine the claim and whether they can be of service, and help you move forward with any possible case.
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What is a Show Low Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually 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 a person brings a civil action suit against someone else, a civil attorney is usually hired to begin the lawsuit and a different civil lawyer is hired by the defendant. In the case of bodily injury, the injured person will retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health problems caused by the injury, and more.
After the attorney has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be found, research any and all documents related to the case, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation falls through, the lawyer could fie a lawsuit in response. But what cases would a personal injury attorney fight for?
A PIL generally handles a wide number of cases falling into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 uncaring state or incompetence of someone.
The second primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when one person willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible causes for a personal injury case is essentially endless.
In addition, which is different than most other areas of the legal universe, personal injury professionals almost 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 just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a claim could potentially end up in court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the party that is liable is fully 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial compensation as soon as possible 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 necessary to beat the claim.
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 may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the legal professional 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 incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on whether a settlement is reached, chooses 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.
Choose the Successful Legal Malpractice Attorney in Show Low
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!