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Things a Legal Malpractice Attorney does:
But perhaps you could use someone to take your side. Someone who will really gun for your case. A person who will really fight for your side. Sometimes you really must have a Avondale personal injury professional that will fight for your rights, both in regards to money and personally, so you can roll back to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not ever fun. It’s an extremely trying time, and seeing the situation objectively is difficult. However, remaining calm and collected can be the difference between getting the best payment that you deserve or going home feeling horrible.
An experienced Avondale personal injury lawyer can act as a counselor between you and the challenging situation, making it easier to handle the ins and outs of our challenging legal system. If you are like most people, you may not even comprehend the facts of what might occur until discussing the matter with a professional. An attorney can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move ahead with any potential case.
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What is a Avondale Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the broader category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other assets from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil lawyer is usually hired to start the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury professional when said dispute involves reimbursement or payment of expenses coming from any injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information in the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents related to the claim, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate the settlement of the case. If that negotiation falls through, the attorney will consider filing a lawsuit in response, depending on the potential for a win. But what cases could a personal injury lawyer take?
A PIL usually handles a wide variety of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 someone else.
The other primary field of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of reasons for a personal injury case is pretty much endless.
In addition, separate from most other areas of the legal universe, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon financial compensation received by their client.
What Could the Result Be 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 getting in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case will 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 lot of reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for well-known people or large high profile companies. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation sooner 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 anything else that is required to win a legal battle.
And finally, 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 in the best interest of either party. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of either losing the court case or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 lawyer has formed 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 suffered, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on how the negotiation works out, chooses if they will bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees completely to all terms, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or partially agrees to terms, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Avondale
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 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!