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What a Legal Malpractice Attorney does:
Has a loved one or you been hurt in an accident or by way of the negligence of someone? At times issues can be determined by personal insurance or through a small claims case. Every once in a while it can be best to forget about it and get on with your life.
But sometimes you really could use someone to take your side. Someone that will really gun for you. A person who can fight on your side. That’s when you really need a Yuma County personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life prior to when the injury occurred.
Being hurt in a crime, accident, or willful negligence is never fun. It’s a very trying time, and seeing the situation objectively is difficult. But keeping cool and logically oriented can make the difference between getting the fair compensation that you deserve or dropping the case feeling horrible.
An experienced Yuma County personal injury professional can act as an advocate between you and the near-impossible situation, making it easier to navigate the ins and outs of our challenging legal system. Many people may not even comprehend the breadth of the situation until conversing with a legal professional. That person can help you realize all of this in a more objective light, determine if a possible claim exists and whether they can be of service, and help you move forward with any potential case.
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What is a Yuma County Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover money or other assets from a person or legal entity for 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 bring the lawsuit and another civil attorney is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could retain a personal injury professional when the claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues arising from the injury, and other possible costs.
After the PIL has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that can be found, get any and all documents related to your case, and use all their potential resources to make sure all of their is accurate.
Then they may first try to work out a settlement in the case. If that negotiation fails, the legal professional could fie a lawsuit in response. But what kinds of cases could a personal injury attorney take?
The PIL generally takes a wide variety of cases that fall into two primary groups. 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 caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another person.
The other main study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the possible reasons for a personal injury case is nearly endless.
In addition, and in contrast to most other areas of the legal world, personal injury professionals usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a personal injury claim may end up going to trial.
But it is rare for a personal injury case to get to the trial phase. And this is for a variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is completely 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 settling the case will keep it low profile. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. 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 privacy.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for months or longer. Not only that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff may want financial compensation in the near term rather than down the road. Or they may just not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 in the best interest of either party. The accusing party may in many cases rather settle for a little 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 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 detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, decides whether or not to bring the claim to trial. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees, the ball is then put back in the plaintiff’s court to determine if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Yuma County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!