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What a Legal Malpractice Attorney does:
Have you or a loved one been hurt either in an accident or by way of the neglect of others? Sure, sometimes problems can be dealt with through insurance or through a small claims court. If it is very minor it’s probably best to forget about it and move forward.
But perhaps you really need someone to have your back. Someone that will fight for you. Someone who will really fight for your side. That’s when you really need a Clarkdale personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the incident occurred.
Being the victim of a crime, accident, or negligence is never a good time. It’s a very trying time, and seeing things objectively is nearly impossible. But staying calm and logically oriented can be the difference between getting the proper price that you deserve or dropping the case feeling like you should have gotten a more appropriate solution.
An experienced Clarkdale personal injury legal representative can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the implications of what might occur until sitting down with a professional. That person can help you realize all of this in a more objective light, determine if a claim exists and whether they can be of service, and help you move ahead with the process of any possible claim.
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What is a Clarkdale Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the broader category of civil lawyers, also known as litigation lawyers. Civil lawyers are generally 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 someone else, a civil attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the defendant to defend it. In the case of bodily injury, the injured person may hire a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as medical reimbursements, mental health issues caused by the injury, and more.
After the attorney has been hired, they will gather all of the information in the case that they are legally able to get. They will speak with all witnesses that are available, get any and all documents related to the claim, and use all potential resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If negotiation doesn’t work, the attorney will consider filing a lawsuit in response. But what kinds of cases does a personal injury lawyer take on?
The PIL usually tackles a large variety of cases that can be divided into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 another person.
The other main study of a PIL is the intentional wrongful case. A purposeful tort happens when someone intentionally injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is essentially endless.
In addition, and in contrast to pretty much all other areas of the legal world, personal injury professionals usually work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing overcomes the case. It means that there is 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 Are the Implications in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not getting enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a personal injury claim may 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 many reasons:
First, a settlement lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they probably do not want the case to get in front of a sympathetic jury that could provide much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for publicly known people or large high profile companies. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months or longer. In addition, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award in the near term rather than down the road. Or they may simply not want to complete the exhausting 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 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 for the best. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the 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 Personal Injury Lawyer’s 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 opposing party. This letter includes a detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Clarkdale
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. 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!