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Duties of a Legal Malpractice Attorney:
Has a loved one or you been hurt in an accident or by way of the neglect of someone? Sometimes problems can be settled by insurance or through a small claims court. Every once in a while it can be a good idea to forget about it and move on.
But sometimes you really need someone to take your side. Someone who will really fight for you. Someone who can really fight for your side. Sometimes you really must have a Camp Verde personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back to your life before the incident occurred.
Being hurt by a crime, accident, or willful negligence is never fun. It’s an extremely trying time, and being objective is difficult. But staying cool and logical can make the difference between getting the best compensation or quitting the case feeling like you should have gotten a more appropriate solution.
A successful Camp Verde personal injury attorney can act as a counselor between you and the difficult situation, making it easier to navigate the ins and outs of our legal system. If you are like most people, you may not even understand the potential consequences of what could happen until speaking with a professional. An attorney can help you realize all of this objectively, determine the potential of a claim and how they can help with your case, and help you move forward with the process of any potential claim.
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What is a Camp Verde Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally hired to recover money 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 someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person can hire a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as health reimbursements, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information from 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 case, and use all available resources to make sure all of their is accurate.
Then he or she may first attempt to work out the settlement of the case. If that negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what kinds of cases would a personal injury lawyer take?
The PIL generally handles a large number of cases falling into two primary categories. 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 negligence or incompetence of someone.
The second main field of a PIL is the intentional wrongful case. An intentional tort happens when one person purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential causes for a personal injury case is basically endless.
In addition, unlike nearly all other areas of law, PILs 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 has overcome the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim could potentially end up in 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 party that is liable is 100% aware that they are at fault for the incident that led to the claim, they would 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 DL. This is especially important for high profile people. A large trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement is conducive to letting all of those involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial award sooner rather than having to wait. Or they may just not want to complete the never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to win a legal battle.
And lastly, 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 the best situation. The accusing party 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 due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
First they will take care of gathering 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 incurred, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides whether or not to bring the case to trial. 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 completely to all terms, then there would be no reason to file a case with the court. If the other party agrees to some of the terms but not others or only partially agrees to terms, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Camp Verde
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!