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Duties of a Legal Malpractice Attorney:
Have you or a loved one been injured in an accident or through the willful neglect of someone? Sometimes things can be solved by personal insurance or through a small claims court. Every once in a while it can be probably a good idea to walk it off and move forward.
But sometimes you really need someone to take your side. Someone who will fight for your cause. Someone who can fight on your side. Those are the times you really should retain a Yuma personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being injured by a crime, accident, or willful negligence is not fun. It’s an emotional roller coaster, and being objective is challenging. But remaining cool and collected can be the difference between receiving the proper price that you deserve or leaving the case with your tail between your legs.
A successful Yuma personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to work with the ins and outs of the legal system. If you are like most people, you may not even realize the potential consequences of the situation until discussing the matter with a professional. An attorney can help you see all of this objectively, determine if a claim exists and whether or not they can be of service, and help you move forward with the process of any potential claim or case.
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What is a Yuma Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers. Civil lawyers are generally retained to recover money or other financial instruments from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured party can hire a personal injury attorney when said case involves reimbursement or payment of expenses coming from the injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will confront all witnesses that can be found, gather any and all documents related to the case, and use all possible resources to verify all of their is accurate.
Then they may first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the lawyer may consider filing a lawsuit in response. But what kinds of cases could a personal injury attorney take?
A PIL generally tackles a wide number of cases falling into two primary categories. 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 another person.
The second primary field of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of law, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party can 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 unacceptable that a case can end up going to court.
But it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal costs. If the other party is fully 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 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 high profile people. A lengthy trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to 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. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff may want financial payment in the near term rather than down the road. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, 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 the best situation for either. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus demanding the maximum 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 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 attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides whether or not to bring the case in front of a judge. 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 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 others or 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 go to court.
Choose the Successful Legal Malpractice Attorney in Yuma
Here at DeLozier Law, we have many 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!