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Duties of a Legal Malpractice Attorney:
Have you or a loved one become injured in an accident or through the willful negligence of someone? Sure, sometimes issues can be solved by personal insurance or through a small claims court. If it is not worth fighting for it can be a good idea to drop it and get on with your life.
But sometimes you need someone to have your back. Someone who will really gun for your cause. A person who will really fight on your side. Those are the times you really should retain a Taylor personal injury lawyer that will fight for your rights, both financial and personally, so you can get back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing the situation objectively is challenging. However, staying cool and logical can be the difference between receiving the fair compensation that you deserve or leaving the case feeling like you didn’t get what you wanted.
A great Taylor personal injury professional can act as a counselor between you and the difficult situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even realize the implications of what could happen until sitting down with a professional. That person can help you see all of this objectively, determine the claim and whether they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Taylor Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually retained to recover money or other financial means 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 attorney is usually hired to bring the lawsuit and another civil lawyer is hired by the person or entity being accused. In the case of bodily injury, the injured party might hire a personal injury attorney when the claim involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and more.
After the lawyer has been retained, they will gather all of the information from the case that they are legally able to get. They will speak with all witnesses that can be contacted, get any and all documents in relation to your case, and use all possible resources to verify all of their is accurate.
Then they will first try to work out the settlement of the case. If negotiation doesn’t work, the legal professional may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury attorney take?
The PIL generally tackles a large variety of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child negligence, 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 negligence or incompetence of a person.
The other main study of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is nearly endless.
In addition, and completely different from most other fields of the legal world, personal injury attorneys generally work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing is successful in the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. 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 totally unacceptable that a claim could potentially end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable 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 provide much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those 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. In addition, if anyone appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial award in the near term rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. 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 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 the best situation for either. The plaintiff would rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
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 attorney has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether a settlement is reached, chooses 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 absolutely no reason to go to trial. 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 decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Taylor
Here at DeLozier Law, we have over 4 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!