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What a Legal Malpractice Attorney does:
Have you or a loved one been hurt in an accident or through the willful neglect of someone? Many times problems can be determined through personal insurance or through a small claims court. If it is not worth fighting for it can be probably best to forget about it and move on.
But perhaps you could use someone to take your side. Someone that will gun for your case. A professional who will really fight for your side. Sometimes you really should retain a Springerville personal injury attorney that will fight for your rights, both financial and personal, so you can roll back as close as possible 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 an emotional time, and being objective is nearly impossible. But keeping calm and logically oriented can be the difference between receiving the proper payment or dropping the case feeling like you didn’t get what you wanted.
An experienced Springerville personal injury legal representative can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our intense legal system. Many people may not even understand the facts of the situation until discussing the matter with a legal professional. That person can help you realize all of this in a more objective light, determine the potential of a claim and whether or not they can help with your case, and help you move ahead with the process of any possible claim or case.
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What is a Springerville Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained 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 retained by the defendant to defend against it. In the case of bodily injury, the injured party can retain a personal injury professional when said case involves reimbursement or payment of expenses derived from the injury such as medical reimbursements, mental health problems arising from the injury, and other possible costs.
After the PIL 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 can be contacted, get any and all documents related to your claim, and use all available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the attorney can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer accept?
The PIL usually takes a large 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, automobile accidents, child neglect, and wrongful death cases. Wrongful death is usually 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 a person.
The second main study of a PIL is the intentional tort case. An intentional tort occurs when one person willfully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible causes for a personal injury case is pretty much endless.
In addition, and in contrast to most other fields of the legal universe, personal injury professionals generally 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 should be no upfront payment, for consultation or otherwise. Their fee is based solely 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a case can end up in court.
However, it is unusual 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 unnecessary legal fees. If the defendant is totally 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 award much larger damages.
Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. Not only that, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff probably wants financial payment sooner rather than down the road. 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 lastly, 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 for the best. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest 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 Duties?
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 attorney 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 lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, decides whether or not to bring the claim to court. 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 of the terms but not all of them or partially agrees to terms, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Springerville
Here at DeLozier Law, we have over 4 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!