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Has a loved one or you been injured in an accident or through the neglect of someone? Sometimes issues can be solved by personal insurance or through a small claims case. If it is not worth fighting for it can be probably a good idea to walk it off and move on because it may cause you more headache than it is worth .
But perhaps you could use someone to take your side. Someone that will fight for your cause. Someone who can really fight for your side. Then you really need a Globe personal injury professional that will fight for your rights, both financial and personal, so you can get back to your life prior to when the incident occurred.
Being victimized by a crime, accident, or negligence is never fun. It’s an extremely trying time, and seeing things objectively is nearly impossible. But remaining cool and logically oriented can make the difference between getting the best payment that you deserve or going home feeling like you should have gotten a better deal.
An experienced Globe personal injury professional can act as a counselor between you and the challenging situation, making it much easier to handle the ins and outs of the legal system. Many people may not even understand the full breadth of what’s happening until speaking with a professional. A lawyer can help you realize all of this in a more objective light, determine the potential of a claim and if they can help with your case, and help you move forward with any potential claim.
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What is a Globe Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity for 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 initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend it. In the case of bodily injury, the injured person might retain a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues caused by the injury, and other possible costs.
After the attorney has been hired, they will gather everything in the case that they are legally able to get. They will speak with all witnesses that can be found, gather any and all documents related to your claim, and use all available resources to verify all of their is accurate.
Then he or she will first attempt to work out the settlement of the case. If that negotiation falls through, the attorney can file a lawsuit in response, depending on the potential for a win. But what cases can a personal injury lawyer accept?
The PIL generally tackles a wide number of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of another.
The other primary field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when one person willfully hurts 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, unlike pretty much all other areas of law, personal injury professionals 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 should be no upfront payment, for consultation or any other service. 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 the final steps of the process aren’t so simple. The injured party can 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 just flat-out refused that a case will end up in front of a judge.
But it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the defending party 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 settlement can help keep the case out of the news and the public eye. This is especially important for well-known people or large high profile companies. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement allows all parties involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months or longer. Adding to that, if the other party appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may just not want to go through the ridiculously long 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 demanding the maximum 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 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what happened, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate a settlement, and depending on whether a settlement is reached, chooses if they will push to bring the claim to trial. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Globe
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 602-989-1759!