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Duties of a Legal Malpractice Attorney:
Has a loved one or you been hurt in an accident or through the negligence of others? Sometimes issues can be solved by insurance or through a small claims case. If it is very minor it can be a good idea to walk it off and move forward because it may cause you more headache than it is worth spending your time on.
But maybe you really need someone to take your side. Someone who will really gun for your case. Someone who will really fight on your side. Then you really should have a Winslow personal injury professional that will fight for your rights, both financial and personal, so you can roll back to your life prior to when the incident occurred.
Being hurt by a crime, accident, or negligence is never enjoyable. It’s an emotional time, and seeing the situation objectively is hard. However, remaining cool and collected can make the difference between receiving the proper payment that you deserve or dropping the case with nothing.
An experienced Winslow personal injury professional can act as a counselor between you and the challenging situation, making it much easier to work with the ins and outs of our intense legal system. If you are like most people, you may not even get the full breadth of the situation until discussing the matter with a legal professional. An attorney can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with any possible case.
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What is a Winslow Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the broader category of civil lawyers. Civil lawyers are usually hired to recover cash or other financial means 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 initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health problems caused by the injury, and other possible costs.
After the legal professional has been retained, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents related to your case, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation falls through, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer fight for?
A PIL usually tackles a wide variety of cases that can be divided into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of someone.
The other primary field of a PIL is the intentional injustice case. A purposeful tort happens when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the possible reasons for a personal injury case is basically endless.
In addition, which is different than pretty much all other fields of the legal world, personal injury professionals almost always work on a contingency fee basis. This means 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 otherwise. Their fee is based strictly 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 could 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 claim can end up in front of a judge.
However, 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 initiates a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is totally 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 settlement can help keep the case low profile. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring 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 trials can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial award as soon as possible rather than having to wait. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the court case or having a judge or jury award a much lesser amount.
What are the Personal Injury Lawyer’s Duties?
First they will take care of locating 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 opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the case in front of a judge. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be no reason to file a court case. If the other party agrees to some of the 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 additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Winslow
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!