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Duties of a Legal Malpractice Attorney:
Have you or a loved one become injured either in an accident or by way of the willful neglect of someone? Many times issues can be settled through personal insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to have your back. Someone that will fight for your cause. A professional who will really fight for your side. That’s when you really should retain a Lake Havasu City personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life before the injury happened.
Being hurt by a crime, accident, or negligence is never fun. It’s a very trying time, and seeing the situation objectively is difficult. But keeping cool and logical can be the difference between receiving the fair payment that you deserve or quitting the case feeling incompetent.
A Lake Havasu City personal injury professional can act as a buffer between you and the near-impossible situation, making it 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 sitting down with a legal professional. A lawyer can help you see all of this objectively, determine if a possible claim exists and if they can be of service, and help you move forward with the process of any possible claim or case.
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What is a Lake Havasu City Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger category of civil 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 someone brings a civil action suit against another person, a civil attorney is usually hired to start the lawsuit and another civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person might retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as health reimbursements, mental health problems caused by the injury, and more.
After the legal professional has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, get any and all documents in relation to your case, and use all potential resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation fails, the lawyer could fie a lawsuit in response. But what cases can a personal injury lawyer take?
A PIL usually tackles a large variety of cases that can be separated into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The second primary study of a PIL is the purposely executed wrongful case. An intentional tort happens when one person purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, separate from pretty much all other areas of the legal world, PILs almost always work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon a percentage of the 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 could 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 unacceptable that a claim will end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary 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 the best situation for either. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case in front of a judge. This is determined by how much the other party agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some terms but not others or is in partial agreement to terms, 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 Lake Havasu City
Here at DeLozier Law, we have many 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!