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What a Legal Malpractice Attorney does:

Legal Malpractice Attorney in Dewey-Humboldt for 2021Have you or a loved one become injured either in an accident or through the willful negligence of others? At times things can be determined through insurance or through a small claims court. If it is not worth fighting for it’s a good idea to forget about it and move forward.

But there are times you could use someone to take your side. Someone who will fight for your cause. A professional who will fight on your side. Those are the times you really must have a Dewey-Humboldt personal injury professional that will fight for your rights, both financial and personal, so you can get back as close as possible to your life prior to when the injury occurred.

Being hurt by a crime, accident, or willful negligence is not ever a good time. It’s an extremely trying time, and being objective is very hard. However, remaining calm and logically oriented can make the difference between getting the appropriate compensation that you deserve or quitting the case feeling like you didn’t get what you wanted.

A great Dewey-Humboldt personal injury attorney can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of our legal system. If you are like most people, you may not even comprehend the full breadth of what could happen until sitting down with a legal professional. An attorney can help you see all of this in a more objective light, determine the potential of a claim and how they can help with your case, and help you move forward with any possible case.

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    What is a Dewey-Humboldt Legal Malpractice Attorney?

    You’ve seen them on TV, on billboards, YouTube, in newspapers, and on Facebook. Personal injury lawyers are everywhere. But what do they do?

    To start, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are usually hired to recover money or other valuables from a person or legal entity on behalf of 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 a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person could hire a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health issues caused by the injury, and more.

    After the attorney has been retained, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be contacted, gather any and all documents in relation to your case, and use all their possible resources to verify all of their is accurate.

    Then he or she may first try to work out the settlement of the case. If negotiation falls through, the lawyer may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney take on?

    A PIL usually tackles a wide variety of cases that fall into two main categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 uncaring state or incompetence of a person.

    The second main study of a PIL is the purposefully perpetrated wrongful case. An intentional tort occurs when one person purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the possible reasons for a personal injury case is pretty much endless.

    In addition, which is different than nearly all other areas of the legal universe, personal injury attorneys 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 won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based solely upon a percentage of the financial compensation received by their client.

    What Could Happen in a Personal Injury Case?

    As stated, the only possible outcome of a case like this will either be a settlement or trial, unless the plaintiff quits the claim for some reason. However many personal injury cases end up settling out of court. What this means is that either the accused party sends an offer to the injured party, and the proposed settlement is either deemed acceptable by the plaintiff and their lawyer or it is not accepted and additional negotiation is successful, or the plaintiff makes the demand for payment and the defending party accepts terms that please the accusing party.

    Of course, sometimes even the last steps of the process aren’t so simple. The injured party could 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 unacceptable that a personal injury claim may very well end up going to trial.

    But it is unusual for a personal injury case to get to the trial phase. And this is for a variety of reasons:

    First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is completely 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 lend much larger damages.

    Secondly, a settlement can help keep the case on the DL. 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 allows all parties involved to negotiate terms, including those terms regarding non-disclosure.

    Thirdly, a settlement can hasten the process. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial award 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 just not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.

    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 what either party wants. The accusing party 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 award a much lesser amount.

    What are the Personal Injury Lawyer’s Duties?

    The obligations of a personal injury attorney are wide-ranging, but at their core are very simple to understand. You probably have a lot of questions to ask regarding your case because you may be unfamiliar with the law and courtroom proceedings. Your legal professional helps you figure out the tasks of your case.

    First they will take care of finding 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 defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation demanded.

    Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, 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 Dewey-Humboldt

    Choosing a Dewey-Humboldt Legal Malpractice Attorney can be a daunting chore. There are many options on the table and attorneys that can help, and it can be hard to tell who will do right by you when the market is so saturated with competition. And Dewey-Humboldt is no different. You want an attorney that is experienced in your field of law and has been successful with many of their cases. No attorney can win all cases and there are no guarantees of winning any case, but you definitely want one that only takes cases they feel have a good chance of winning the case. Otherwise it is a waste of time and resources for all involved.

    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 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 602-464-9666!