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What a Legal Malpractice Attorney does:
Have you or a loved one been hurt in an accident or by way of the negligence of someone? Sure, sometimes issues can be solved through insurance or through a small claims court. Every once in a while it can be best to forget about it and move on.
But perhaps you really could use someone to get your back. Someone who will really fight for your case. A person who will fight for your side. Then you really should have a Bisbee personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury occurred.
Being hurt by a crime, accident, or willful negligence is never enjoyable. It’s an extremely trying time, and seeing things objectively is challenging. But remaining calm and collected can be the difference between getting the best price that you deserve or leaving the case with nothing.
A great Bisbee personal injury attorney can act as a counselor 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 understand the facts of the situation until discussing the matter with a professional. A lawyer can help you realize all of this in a more objective light, determine if a possible claim exists and if they can help with your case, and help you move forward with the process of any possible claim or case.
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What is a Bisbee Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the bigger category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover money or other valuables 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 another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party will hire a personal injury lawyer when the case involves reimbursement or payment of expenses coming from any injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the lawyer has been hired, they will gather everything from the case that they are legally entitled to. They will talk with all witnesses that can be contacted, research any and all documents related to the claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If negotiation falls through, the lawyer could fie a lawsuit in response, depending on the potential for a win. But what kinds of cases can a personal injury attorney take on?
The PIL generally takes a wide variety of cases that fall into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of a person.
The other main field of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the list of causes for a personal injury case is pretty much endless.
In addition, which is different than most other areas of the legal world, PILs nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the liable party is completely 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 on the down low. This is especially important for publicly known people. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting all parties involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation 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 just not want to go through the never-ending process of putting on a case, presenting evidence, and doing everything else that is required to beat the claim.
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 of benefit to either party. The plaintiff would 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 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 legal professional has formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on how the negotiation works out, chooses whether or not to bring the claim to court. 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 to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some terms but not all of them or only 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 Bisbee
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 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!