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What a Legal Malpractice Attorney does:
Have you or a loved one been hurt either in an accident or through the willful negligence of others? At times things can be determined by personal insurance or through a small claims court. Occasionally it’s probably best to drop it and move forward.
But sometimes you really need someone to have your back. Someone who will gun for your case. Someone who will really fight for your side. That’s when you really should have a Benson personal injury professional that will fight for your rights, both in regards to finances and personally, so you can roll back to your life before the incident occurred.
Being hurt by a crime, accident, or negligence is not ever a good time. It’s an extremely trying time, and seeing the situation objectively is nearly impossible. But keeping cool and collected can make the difference between receiving the best price that you deserve or going home feeling horrible.
A great Benson personal injury attorney can act as an advocate between you and the near-impossible situation, making it easier to handle the ins and outs of our challenging legal system. Many people may not even fully realize the implications of what’s happening until sitting down with a professional. A legal adviser can help you see all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move ahead with the process of any possible claim.
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What is a Benson Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other valuables from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured party might hire a personal injury professional when the claim involves reimbursement or payment of expenses derived from any injury such as health costs, mental health problems arising from the injury, and other possible costs.
After the lawyer has been retained, they will gather all of the information for the case that they are legally entitled to. They will speak with all witnesses that are available, get any and all documents in relation to your claim, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If that negotiation fails, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney take on?
The PIL usually tackles a wide number of cases that can be separated into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone.
The second main study of a PIL is the intentional tort case. A purposeful tort happens when someone purposely injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is pretty much endless.
In addition, separate from most other fields of the legal world, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has been successful in winning the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a personal injury claim could potentially end up going to court.
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 initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is fully 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 give much larger damages.
Secondly, a settlement can help keep the case out of the news and the public eye. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award in the near term rather than later. 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 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 in the best interest of either party. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus demanding the maximum 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 PIL Duties?
First they will take care of getting 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 opposing party. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts 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 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 of the terms but not others or is in partial agreement to terms, 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 go to court.
Choose the Successful Legal Malpractice Attorney in Benson
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!