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Duties of a Legal Malpractice Attorney:
Have you or a loved one become hurt either in an accident or by way of the neglect of others? Sure, sometimes problems can be settled by insurance or through a small claims case. If it is very minor it’s probably best to walk it off and get on with your life because it may cause you more headache than it is worth .
But maybe you need someone to take your side. Someone who will really gun for your case. Someone who will really fight on your side. Those are the times you really should have a Kingman personal injury lawyer that will fight for your rights, both in regards to money and personally, so you can get back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or negligence is not ever fun. It’s an emotional roller coaster, and being objective is very hard. However, staying calm and logical can make the difference between getting the proper price or quitting the case with nothing.
A great Kingman personal injury lawyer can act as an advocate between you and the difficult situation, making it easier to work with the ins and outs of our legal system. Most people may not even get the implications of what might occur until speaking with a professional. That person can help you see all of this objectively, determine if a claim exists and how they can be of service, and help you move forward with any possible case.
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What is a Kingman Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are usually retained 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 another person, a civil lawyer is usually hired to initiate the lawsuit and a different civil attorney is hired by the defendant. In the case of bodily injury, the injured person can retain a personal injury lawyer when said dispute involves reimbursement or payment of expenses derived from the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the PIL has been hired, they will gather all of the information for the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then he or she will first try to negotiate the settlement of the case. If that negotiation fails, the attorney could fie a lawsuit in response, depending on the potential for a win. But what cases would a personal injury lawyer fight for?
A PIL generally handles a large number 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 uncaring state or incompetence of another.
The other primary field of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when one person willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. In the end, the potential reasons for a personal injury case is basically endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury lawyers nearly always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing overcomes 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 a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party could send back a 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 totally unacceptable that a case could potentially end up in 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the defendant is 100% 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 settlement can help keep the case low profile. This is especially important for publicly known people. A large trial brings big publicity. And even a small trial can bring unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted trials can take an eternity, lasting for months. Not only that, if the other party appeals, the outcome can remain up in the air for even longer. The plaintiff probably wants financial compensation sooner rather than having to wait for additional weeks, months, or even years down the road while the process drags on for what seems like forever. Or they may simply not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required 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 for the best. 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.
What are the PIL Duties?
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 attorney has built 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 incurred, and the amount of financial compensation demanded.
Next, the lawyer may try to negotiate the settlement, and depending on the outcome of the negotiation, chooses if they will bring the case in front of a judge. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Kingman
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!