Top Rated Legal Malpractice Attorney in Surprise
Get Legal Solutions for Your Legal Malpractice Needs in Surprise.
Call 602-989-1759 Today!
Duties of a Legal Malpractice Attorney:
Have you or a loved one become injured in an accident or through the willful negligence of others? Sometimes incidents can be solved through insurance or through a small claims court. Occasionally it’s probably best to walk it off and get on with your life.
But sometimes you could use someone to take your side. Someone that will really fight for your cause. Someone who can fight on your side. That’s when you really should have a Surprise personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the incident happened.
Being injured by a crime, accident, or negligence is not ever a good time. It’s an emotional roller coaster, and being objective is hard. However, staying cool and logically oriented can make the difference between getting the best price or dropping the case feeling horrible.
A great Surprise personal injury attorney can act as an advocate between you and the challenging situation, making it much easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what’s happening until discussing the matter with a professional. An attorney can help you see all of this objectively, determine the claim and if they can be of service, and help you move ahead with the process of any possible claim.
Ask Us Anything About Your Legal Malpractice Legal Needs:
What is a Surprise Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually 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 attorney is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party might hire a personal injury lawyer when said case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health problems caused by the injury, and other possible costs.
After the attorney has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that can be found, research any and all documents in relation to the claim, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
A PIL usually takes a wide variety of cases that can be divided into two primary categories. 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 another person.
The other primary field of a PIL is the purposefully perpetrated tort case. A purposeful tort occurs when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can tell the potential reasons for a personal injury case is basically endless.
In addition, and completely different from pretty much all other fields of law, personal injury attorneys nearly always work on a contingency fee basis. What this means is 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 only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim may end up in front of a judge.
However, 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 fees. If the other party is fully 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. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months or longer. Adding to that, if there are any appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial award in the near term 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 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 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 Personal Injury Lawyer’s 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 lawyer has formed 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 attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to push to bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Surprise
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!