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What a Legal Malpractice Attorney does:
Has a loved one or you been hurt in an accident or by way of the neglect of others? Many times incidents can be dealt with through insurance or through a small claims court. If it is extremely minor it’s a good idea to walk it off and get on with your life because it may cause you more headache than it is worth spending your valuable time on.
But there are times you need someone to take your side. Someone who will really fight for you. Someone who will fight on your side. Sometimes you really should have a Greenlee County personal injury lawyer that will fight for your rights, both financial and personal, so you can roll back as close as possible to your life prior to when the injury occurred.
Being harmed by a crime, accident, or willful negligence is not ever enjoyable. It’s an emotional roller coaster, and being objective is difficult. But staying cool and collected can make the difference between getting the appropriate compensation or going home with no money.
A successful Greenlee County personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to deal with the ins and outs of our legal system. Many people may not even understand the potential consequences of the situation until talking with a legal professional. That person 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 any potential claim or case.
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What is a Greenlee 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured person may retain a personal injury professional when the dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health issues caused by the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything in the case that they are legally able to get. They will speak with 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 they may first try to negotiate a settlement in the case. If negotiation falls through, the attorney can file a lawsuit in response. But what kinds of cases can a personal injury lawyer take on?
The PIL usually tackles a wide variety of cases that can be divided into two primary fields. 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 someone else.
The second primary field of a PIL is the purposely executed tort case. A purposeful tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the list of causes for a personal injury case is basically endless.
In addition, unlike most other fields of the legal world, personal injury attorneys almost always work on a contingency fee basis. What this means is 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 otherwise. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an 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 in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case can 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 fees. If the defending party is totally 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 settling the case will keep it low profile. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding privacy.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for months. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial award in the near term rather than down the road. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing everything else that is necessary 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 the best situation. The accusing party would rather settle for a little 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?
First they will take care of locating 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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the attorney attempts to negotiate a settlement, and depending on how the negotiation works out, chooses if they will bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement put forth by the plaintiff. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some terms but not others or is in partial agreement to terms, it will be up to the plaintiff to decide if they will push for additional negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Greenlee County
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!