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Duties of a Legal Malpractice Attorney:
Have you or a loved one become hurt either in an accident or by way of the neglect of someone? Sometimes issues can be resolved through insurance or through a small claims court. If it is very minor it’s best to walk it off and move forward because it may cause you more headache than it is worth .
But perhaps you need someone to take your side. Someone who will really gun for you. Someone who will really fight on your side. Those are the times you really need a Coolidge personal injury attorney that will fight for your rights, both in regards to money and individually, so you can get back as close as possible to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is never a good time. It’s an extremely trying time, and seeing the situation objectively is challenging. But staying cool and logical can be the difference between receiving the best price or dropping the case with no money.
A successful Coolidge personal injury professional can act as a buffer between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. Most people may not even realize the breadth of what could happen until talking with a professional. An attorney can help you realize all of this objectively, determine the claim and how they can be of service, and help you move forward with any possible claim or case.
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What is a Coolidge Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader arena of civil 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 a person brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured person can retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information in the case that they are legally entitled to. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all their possible resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If negotiation fails, the attorney may consider filing a lawsuit in response. But what cases would a personal injury attorney accept?
The PIL generally takes a wide number 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 negligence, 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 negligence or incompetence of another.
The second primary study of a PIL is the purposefully perpetrated wrongful case. A purposeful tort occurs when one person purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the list of causes for a personal injury case is essentially endless.
In addition, unlike nearly all other areas of the legal universe, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Could the Result Be in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. The injured party can send back a 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 claim 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 a variety of reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the party that is liable is totally 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 low profile. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain in the system for an additional length of time. The plaintiff may want financial compensation sooner rather than having to wait. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary 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 what either party wants. The plaintiff may in many cases rather settle for less in a guaranteed win. This, versus holding out for highest dollar amount but also risking 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 breakdown of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turns out, decides if they will bring the claim to court. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not all of them or is in partial agreement to terms, it will be up to the plaintiff 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 Coolidge
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!