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Duties of a Legal Malpractice Attorney:
Has a loved one or you become injured in an accident or by way of the willful neglect of someone? Sure, sometimes issues can be dealt with through insurance or through a small claims case. Occasionally it can be a good idea to forget about it and move forward because it may cause you more headache than it is worth fighting for.
But perhaps you could use someone to get your back. Someone that will gun for your cause. A professional who will fight for your side. Then you really should retain a Nogales personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the incident occurred.
Being hurt by a crime, accident, or willful negligence is never fun. It’s an emotional time, and being objective is difficult. However, staying calm and logically oriented can be the difference between receiving the fair price or going home feeling like you should have gotten a more appropriate solution.
A Nogales personal injury legal representative can act as an advocate between you and the difficult situation, making it easier to navigate the ins and outs of our challenging legal system. Most people may not even comprehend the full breadth of the situation until speaking with a legal professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and whether or not they can help with your case, and help you move ahead with the process of any potential case.
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What is a Nogales Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the larger arena of civil lawyers. Civil lawyers are generally hired to recover money or other financial instruments from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against another person, a civil attorney is usually hired to initiate the lawsuit and a different civil lawyer is retained by the person or entity being accused. In the case of bodily injury, the injured person will hire a personal injury attorney when the dispute involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that are available, research any and all documents in relation to your case, and use all available resources to verify all of their is accurate.
Then they may first attempt to negotiate the settlement of the case. If negotiation doesn’t work, the legal professional may consider filing a lawsuit in response, depending on the potential for a win. But what kinds of cases could a personal injury lawyer take on?
The 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. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of another.
The other main field of a PIL is the purposely executed wrongful case. A purposeful tort occurs when someone intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. As you can see the potential reasons for a personal injury case is pretty much endless.
In addition, and completely different from most other fields of law, PILs 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 won 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 the Result Be in a Personal Injury Case?
Of course, sometimes even the 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 totally unacceptable that a case may very well 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 other party 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 award much larger damages.
Secondly, a settling the case will keep it out of the news and the public eye. This is especially important for well-known people or large high profile companies. A lengthy 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 decrease the time for proceedings. Lengthy court cases can take an eternity, lasting for many months or longer. Not only that, if there are any appeals, the outcome can remain up in the air 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 ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 what either party wants. The accusing party would rather settle for 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 PIL Tasks?
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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the attorney may attempt to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will push to bring the claim in front of a judge. This is determined by how much the other party 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 no reason to go to trial. If the other party agrees to some of the terms but not others or only is in partial agreement, the ball is then put back in the plaintiff’s court to decide if they will push for further negotiations, agree to the new terms, or go to court.
Choose the Successful Legal Malpractice Attorney in Nogales
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!