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Things a Legal Malpractice Attorney does:
Have you or a loved one been injured either in an accident or by way of the neglect of others? At times incidents can be resolved through personal insurance or through a small claims case. Every once in a while it can be a good idea to drop it and move on because it may cause you more headache than it is worth spending your time on.
But sometimes you could use someone to get your back. Someone who will fight for your case. A person who can really fight on your side. Sometimes you really must have a South Tucson personal injury professional that will fight for your rights, both financial and personal, 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 ever fun. It’s a very trying time, and seeing things objectively is nearly impossible. However, staying calm and logically oriented can be the difference between getting the proper price that you deserve or leaving the case with your tail between your legs.
An experienced South Tucson personal injury attorney can act as a counselor between you and the challenging situation, making it easier to navigate the ins and outs of our legal system. Most people may not even understand the breadth of what’s happening until sitting down with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and how they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a South Tucson Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger category of civil lawyers. Civil lawyers are generally hired 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 lawyer is usually hired to start the lawsuit and another civil attorney is retained by the defendant to defend it. In the case of bodily injury, the injured party can hire a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from any injury such as health costs, 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 entitled to. They will speak with all witnesses that are available, gather any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then they will first try to negotiate the settlement of the case. If negotiation fails, the legal professional could fie a lawsuit in response. But what kinds of cases does a personal injury attorney fight for?
A PIL usually tackles a wide number of cases that can be separated into two primary fields. 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 at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of someone.
The other primary field of a PIL is the intentional tort case. An intentional tort happens when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the possible reasons for a personal injury case is basically endless.
In addition, separate from pretty much all other fields of law, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has won 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 an Injury Case?
Of course, sometimes even the last 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 wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may end up going to court.
But it is unusual 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 unnecessary legal costs. If the liable party 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 lend much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for publicly known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in court for an additional length of time. The plaintiff probably wants financial payment in the near term rather than later. Or they may simply not want to go through the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And finally, 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 would rather settle for a little less in a guaranteed win. This, versus holding out for highest dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
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 lawyer has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown 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, decides whether or not to bring the case to trial. This is determined by how much the other party agrees to the settlement terms. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the 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 South Tucson
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 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!