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Things a Legal Malpractice Attorney does:
But perhaps you really could use someone to have your back. Someone who will really fight for you. A person who will fight for your side. That’s when you really need a Graham County 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 before the injury occurred.
Being harmed by a crime, accident, or willful negligence is never fun. It’s a very trying time, and being objective is challenging. However, staying cool and logically oriented can be the difference between getting the proper payment or leaving the case empty handed.
An experienced Graham County personal injury attorney can act as an advocate between you and the challenging situation, making it easier to handle the ins and outs of our intense legal system. If you are like most people, you may not even realize the full breadth of what’s happening until talking with a legal professional. A legal adviser can help you see all of this objectively, determine if a claim exists and if they can be of service, and help you move ahead with any possible case.
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What is a Graham County Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger category of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually hired 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 someone else, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might hire a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health issues arising from the injury, and other possible costs.
After the lawyer has been hired, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be contacted, get any and all documents related to your claim, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to work out a settlement in the case. If that negotiation falls through, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury attorney take?
A PIL generally tackles a wide number of cases that can be divided into two primary groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto accidents, child neglect, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The second primary field of a PIL is the intentional wrongful case. An intentional tort occurs when someone intentionally hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Really the list of reasons for a personal injury case is pretty much endless.
In addition, which is different than nearly all other areas of the legal world, personal injury professionals usually 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 should be no upfront payment, for consultation or otherwise. Their fee is based only upon financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even these final steps of the process aren’t necessarily easy. 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 claim 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 variety of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is 100% aware that they are at fault for the incident that led to the claim, they might 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 low profile. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award as soon as possible rather than down the road. Or they may just not want to go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to beat the claim.
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 plaintiff would rather settle for a little 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 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 incurred, and the amount of financial compensation requested.
Next, the lawyer may try to negotiate the settlement, and depending on how the negotiation works out, decides if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff. If the other party agrees to everything proposed, then there would be no reason to go to trial. If the other party agrees to some terms but not all of them or only partially agrees, it will be up to the plaintiff to determine if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Graham County
Here at DeLozier Law, we have over 4 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!