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Duties of a Legal Malpractice Attorney:
Has a loved one or you been hurt in an accident or through the neglect of someone? Sure, sometimes issues can be determined through personal insurance or through a small claims case. If it is not worth fighting for it can be a good idea to forget about it and get on with your life.
But maybe you could use someone to get your back. Someone that will really gun for your case. Someone who can fight for your side. Those are the times you really should retain a Wickenburg personal injury attorney that will fight for your rights, both financial and individually, so you can get back as close as possible to your life prior to when the incident happened.
Being hurt in a crime, accident, or negligence is never fun. It’s an extremely trying time, and being objective is nearly impossible. However, remaining cool and collected can make the difference between receiving the best price or quitting the case feeling horrible.
An experienced Wickenburg personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even understand the breadth of what could happen until talking with a legal professional. A lawyer can help you realize all of this objectively, determine the potential of a claim and how they can be of service, and help you move ahead with any possible case.
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What is a Wickenburg Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the broader spectrum 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 bring the lawsuit and another civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person will retain a personal injury attorney when said case involves reimbursement or payment of expenses derived from the injury such as medical costs, mental health problems caused by the injury, and more.
After the attorney has been hired, they will gather everything in 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 case, and use all their possible resources to make sure all of their is accurate.
Then he or she will first try to work out the settlement of the case. If negotiation falls through, the legal professional can file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury attorney accept?
The PIL generally 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, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other primary study of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Really the list of causes for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of law, personal injury attorneys usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing wins the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. 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 totally unacceptable that a personal injury claim may end up in court.
But it is rare for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is completely aware that they are at fault for the incident that led to the claim, they probably do 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. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial payment 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 simply not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 the best situation. The accusing party may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation turned out, chooses whether or not to push to bring the case to court. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not others or only partially agrees, 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 Wickenburg
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 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!