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Duties of a Legal Malpractice Attorney:
Has a loved one or you been injured in an accident or through the negligence of others? Sometimes problems can be dealt with by insurance or through a small claims court. Occasionally it can be best to drop it and move forward.
But at times you really need someone to have your back. Someone who will really gun for you. A person who will fight for your side. Then you really should have a Kearny personal injury attorney that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the incident happened.
Being victimized by a crime, accident, or willful negligence is not ever enjoyable. It’s an extremely trying time, and being objective is challenging. But keeping cool and collected can be the difference between receiving the appropriate price that you deserve or leaving the case worse off than before.
An experienced Kearny personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to handle the ins and outs of our legal system. If you are like most people, you may not even fully realize the implications of what’s happening until talking with a professional. That person can help you see all of this objectively, determine the potential of a claim and how they can be of service, and help you move ahead with the process of any potential case.
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What is a Kearny Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader arena of civil lawyers. Civil lawyers are usually retained to recover cash or other assets from a person or legal entity on behalf of 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 bring the lawsuit and a different civil attorney is retained by the person or entity being accused to defend 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 any injury such as medical costs, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything in the case that they are legally entitled to. They will talk with all witnesses that can be found, research any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then he or she may first try to work out a settlement in the case. If negotiation doesn’t work, the lawyer can file a lawsuit in response, depending on the potential for a win. But what kinds of cases would a personal injury attorney accept?
A 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. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The second main field of a PIL is the intentional wrongful case. A purposeful tort happens when someone intentionally hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential causes for a personal injury case is nearly endless.
In addition, which is different than most other areas of law, personal injury lawyers usually work on a contingency fee basis. This means that they are not paid unless the person who they are representing has overcome 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 Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can send back a 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 just flat-out refused that a case can end up going to court.
But 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 unneeded legal fees. If the party that is liable is fully 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 give much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for well-known people. A big trial brings big publicity. And even a small trial can bring unwanted attention. A settlement agreement is conducive to letting everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended court cases can take an eternity, lasting for months or longer. Adding to that, if anyone appeals, the outcome can remain up in the air for an additional length of time. The plaintiff may want financial award sooner rather than later. Or they may simply not want to go through the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 may in many cases 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 give a much lesser amount.
What are the PIL 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 lawyer has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case to court. This is determined by how much the defendant agrees to the terms of the settlement. If the other party agrees to everything proposed, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not all of them or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Kearny
Here at DeLozier Law, we have many decades of experience in successful personal injury law litigation. We have won many cases for our clients and 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!