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What a Legal Malpractice Attorney does:
Has a loved one or you become hurt in an accident or by way of the negligence of others? At times problems can be determined by insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and move on.
But there are times you really could use someone to take your side. Someone who will really gun for you. A person who can fight for your side. Then you really should retain a Eagar personal injury professional that will fight for your rights, both in regards to money and personal, so you can get back as close as possible to your life before the injury occurred.
Being hurt in 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, staying calm and collected 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 successful Eagar personal injury lawyer can act as a counselor between you and the challenging situation, making it much easier to deal with the ins and outs of the legal system. If you are like most people, you may not even comprehend the facts of what’s happening until speaking 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 whether they can help with your case, and help you move forward with the process of any potential case.
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What is a Eagar Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally 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 a person brings a civil action suit against someone else, a civil lawyer is usually hired to bring the lawsuit and another civil attorney is hired by the person or entity being accused to defend it. In the case of bodily injury, the injured person could hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health reimbursements, mental health issues caused by the injury, and more.
After the attorney has been hired, they will gather all of the information for the case that they are legally able to get. They will confront all witnesses that can be contacted, gather any and all documents in relation to the case, and use all their available resources to make sure all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If negotiation fails, the lawyer may file a lawsuit in response. But what cases could a personal injury attorney accept?
A PIL usually tackles a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle 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 person.
The second main study of a PIL is the purposefully perpetrated injustice case. A purposeful tort happens when someone purposefully injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. In the end, the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from nearly all other fields of law, personal injury lawyers almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing has beaten the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. The injured party could 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 unacceptable that a personal injury claim may end up going to court.
However, 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 lends itself to a situation where the defendant can control risks and avoid unneeded legal costs. If the defendant is fully 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. 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 is conducive to letting all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for many months or longer. In addition, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial award sooner rather than having to wait. Or they may just not want to finish the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s Tasks?
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 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 required.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, chooses whether or not to bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Eagar
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!