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What a Legal Malpractice Attorney does:
Has a loved one or you become hurt either in an accident or through the neglect of others? At times problems can be settled by personal insurance or through a small claims court. Occasionally it can be a good idea to forget about it and move on.
But sometimes you could use someone to take your side. Someone who will fight for your case. A professional who will really fight for your side. That’s when you really should retain a Carefree personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can get back to your life before the injury happened.
Being the victim of a crime, accident, or negligence is not ever a good time. It’s an emotional time, and seeing the situation objectively is difficult. However, keeping cool and collected can be the difference between getting the fair payment that you deserve or leaving the case feeling like you didn’t get what you wanted.
An experienced Carefree personal injury lawyer can act as a counselor between you and the near-impossible situation, making it much easier to work with the ins and outs of our challenging legal system. Many people may not even fully realize the facts of what might occur until conversing with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine if a possible claim exists and whether or not they can help with your case, and help you move forward with any possible claim.
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What is a Carefree Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the bigger arena of civil 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 a person brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person will retain a personal injury lawyer when the dispute involves reimbursement or payment of expenses caused by any injury such as health costs, mental health problems arising from the injury, and more.
After the lawyer has been hired, they will gather everything from the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation falls through, the attorney may file a lawsuit in response, depending on the potential for a win. But what cases could a personal injury attorney fight for?
A PIL generally takes a large variety of cases that can be separated into two main 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 at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other main study of a PIL is the intentional injustice case. A purposeful tort happens when one person purposefully hurts another person. This type of act occurs in a 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 essentially endless.
In addition, separate from pretty much all other fields 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 has won 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 Could Happen in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a claim 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 initiates a situation where the defendant can control risks and avoid unneeded 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 might 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 low profile. This is especially important for publicly known people. A large trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for months or longer. Adding to that, if there are any appeals, the outcome can remain unsettled for even longer. The plaintiff may want financial payment sooner 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 never-ending process of putting on a case, presenting evidence, and doing anything else that is necessary to beat the claim.
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 of benefit to 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 claim completely or having a judge or jury give a much lesser amount.
What are the PIL Tasks?
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 detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may attempt 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 terms of the settlement put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Carefree
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!