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Duties of a Legal Malpractice Attorney:
Has a loved one or you become hurt in an accident or through the negligence of someone? Sometimes problems can be dealt with through personal insurance or through a small claims court. Every once in a while it can be a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But sometimes you really need someone to get your back. Someone who will really fight for your cause. Someone who will fight on your side. Sometimes you really must have a Sierra Vista personal injury lawyer that will fight for your rights, both in regards to finances and personally, so you can roll back as close as possible to your life before the incident happened.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s a very trying time, and being objective is difficult. But remaining cool and logically oriented can be the difference between getting the fair price or going home empty handed.
An experienced Sierra Vista personal injury attorney can act as a buffer between you and the near-impossible situation, making it much easier to handle the ins and outs of the legal system. If you are like most people, you may not even realize the full breadth of what might occur until discussing the matter with a professional. An attorney can help you realize all of this in a more objective light, determine the potential of a claim and whether they can help with your case, and help you move forward with the process of any potential case.
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What is a Sierra Vista Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables 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 attorney is usually hired to begin the lawsuit and another civil attorney is hired by the defendant to defend against it. In the case of bodily injury, the injured party might retain a personal injury professional when the claim involves reimbursement or payment of expenses caused by any injury such as health expenses, mental health problems arising from the injury, and more.
After the personal injury lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents related to the claim, and use all their possible resources to make sure all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney fight for?
A PIL usually handles a large variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of a person.
The other primary field of a PIL is the intentional wrongful case. A purposeful tort happens when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is pretty much endless.
In addition, and in contrast to pretty much all other areas of the legal universe, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based strictly upon 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 enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a claim may very well end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the other party is totally 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 lend much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial award 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 just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes 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 in the best interest of either party. The accusing party would rather settle for 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 defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides if they will push to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Sierra Vista
Here at DeLozier Law, we have over 4 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!