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Duties of a Legal Malpractice Attorney:
Have you or a loved one become injured either in an accident or by way of the negligence of others? Sometimes problems can be determined by personal insurance or through a small claims court. If it is very minor it can be a good idea to walk it off and get on with your life.
But at times you could use someone to take your side. Someone who will really gun for your cause. Someone who will fight for your side. Sometimes you really should have a La Paz County personal injury attorney that will fight for your rights, both in regards to finances and personally, so you can roll back to your life prior to when the injury occurred.
Being injured by a crime, accident, or negligence is not a good time. It’s a very trying time, and seeing the situation objectively is nearly impossible. But staying calm and collected can make the difference between receiving the best price or quitting the case with no money.
A La Paz County personal injury attorney can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of the legal system. If you are like most people, you may not even fully realize the potential consequences of the situation until conversing with a legal professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and how they can be of service, and help you move forward with the process of any possible claim or case.
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What is a La Paz County Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall into the broader category of civil lawyers; they are also known as litigation lawyers. Civil lawyers are usually hired to recover money or other valuables 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 another person, a civil lawyer is usually hired to initiate the lawsuit and another civil lawyer is retained by the defendant. In the case of bodily injury, the injured party can hire a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from the injury such as medical reimbursements, mental health problems arising from the injury, and more.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will talk with all witnesses that are available, research any and all documents related to your case, and use all their available resources to make sure all of their is accurate.
Then he or she may first try to work out a settlement in the case. If that negotiation doesn’t work, the lawyer will consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer fight for?
A PIL usually takes a wide variety of cases falling 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 uncaring state or incompetence of another.
The other primary study of a PIL is the purposely executed injustice case. A purposeful tort occurs when someone willfully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the possible reasons for a personal injury case is pretty much endless.
In addition, and in contrast to most other areas of law, personal injury professionals nearly always work on a contingency fee basis. What this means is that they are not paid unless the person or entity that they are representing has beaten the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based solely upon a percentage of the financial compensation received by their client.
What Could Happen in a Personal Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party could 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 totally unacceptable that a personal injury claim will end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is 100% 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 award much larger damages.
Secondly, a settlement can help keep the case on the down low. This is especially important for high profile people. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Extended trials can take an eternity, lasting for many months. In addition, 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 later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to win a legal battle.
And lastly, settlement allows the plaintiff 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 for either. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of 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 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 complete detail of what occurred, of injuries suffered, and the amount of financial compensation requested.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses if they will bring the claim in front of a judge. This is determined by how much the defendant agrees to the settlement terms put forth by the plaintiff. If the other party agrees to all terms, then there would be absolutely no reason to file a case with the court. If the other party agrees to some of the terms but not others or partially agrees to terms, it will be up to the plaintiff to determine if they will push for additional negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in La Paz County
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law litigation. 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!