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Duties of a Legal Malpractice Attorney:
Have you or a loved one been hurt either in an accident or through the willful neglect of someone? Sometimes incidents can be determined by personal insurance or through a small claims case. Every once in a while it’s best to drop it and move on because it may cause you more headache than it is worth spending your extremely valuable time on.
But at times you really need someone to take your side. Someone that will gun for your case. Someone who can really fight for your side. Then you really should retain a Clifton personal injury professional that will fight for your rights, both in regards to money and individually, so you can roll back as close as possible to your life before the injury happened.
Being hurt in a crime, accident, or negligence is not a good time. It’s an emotional time, and being objective is very hard. However, remaining calm and logically oriented can make the difference between receiving the proper payment or quitting the case with no settlement.
An experienced Clifton personal injury attorney can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our legal system. Many people may not even realize the implications of what could happen until speaking with a legal professional. A legal adviser can help you see all of this in a more objective light, determine the claim and how they can be of service, and help you move ahead with any potential claim or case.
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What is a Clifton Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the bigger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash or other valuables from a person or legal entity on behalf of another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured party may retain a personal injury attorney when said claim involves reimbursement or payment of expenses caused by the injury such as medical expenses, mental health issues arising from the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that can be found, get any and all documents in relation to your claim, and use all potential resources to make sure all of their is accurate.
Then they may first try to negotiate a settlement in the case. If that negotiation fails, the lawyer may file a lawsuit in response. But what cases could a personal injury lawyer take?
The PIL usually takes a wide variety of cases that can be separated into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other main field of a PIL is the purposefully perpetrated wrongful case. A purposeful tort happens when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. Realistically speaking the potential causes for a personal injury case is pretty much endless.
In addition, which is different than most other fields of law, PILs almost always 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 should be no upfront payment, for consultation or any other service. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t necessarily easy. The injured party can send back a counteroffer if they feel they are not receiving 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 claim may very well 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 fees. If the defending party is totally 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 award much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for high profile people. A big 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 confidentiality.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial payment as soon as possible 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 complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 accusing party would rather settle for a little less in a guaranteed win. This, versus holding out for highest 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 Personal Injury Lawyer’s 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 built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation works out, decides if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Clifton
Here at DeLozier Law, we have over 4 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!