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Things a Legal Malpractice Attorney does:
Have you or a loved one been hurt either in an accident or by way of the willful negligence of others? Many times issues can be settled through insurance or through a small claims court. If it is not worth fighting for it can be probably best to walk it off and get on with your life because it may cause you more headache than it is worth spending your time on.
But at times you really could use someone to get your back. Someone that will really gun for you. A person who can fight for your side. Those are the times you really should have a Douglas personal injury lawyer 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 incident happened.
Being victimized by a crime, accident, or negligence is not ever enjoyable. It’s an emotional roller coaster, and seeing the situation objectively is nearly impossible. But staying cool and logical can make the difference between getting the appropriate payment or leaving the case broke.
A Douglas personal injury professional can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even realize the potential consequences of what might occur until talking with a professional. That person can help you realize all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move ahead with any possible claim or case.
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What is a Douglas Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers, also known as litigation 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 someone brings a civil action suit against someone else, a civil attorney is usually hired to initiate the lawsuit and a different civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might hire a personal injury lawyer when the case involves reimbursement or payment of expenses caused by the injury such as health expenses, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to your claim, and use all potential resources to verify all of their is accurate.
Then he or she will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury attorney take on?
The PIL usually handles a large variety of cases falling into two main fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. Wrongful death is usually caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence 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 purposely hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other fields of the legal world, 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 is successful in the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a personal injury claim will end up going to trial.
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 unnecessary legal fees. If the liable party is 100% 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 lend much larger damages.
Secondly, a settling the case will keep it on the DL. This is especially important for well-known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting anyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain up in the air for an additional length of time. The plaintiff probably wants financial payment sooner rather than down the road. Or they may simply not want to complete the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
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 of benefit to either party. The accusing party may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the PIL Tasks?
First they will take care of gathering evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a breakdown of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney may attempt to negotiate the settlement, and depending on how the negotiation works out, decides if they will push to bring the case to court. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Legal Malpractice Attorney in Douglas
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!