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Has a loved one or you been injured in an accident or by way of the willful negligence of someone? There are times issues can be worked out through personal insurance or through a small claims court. If it is very minor it can be probably best to forget about it and move on because it may cause you more headache than it is worth fighting for.
But maybe you need someone to take your side. Someone that will fight for your cause. A person who will really fight on your side. Those are the times you really should have a Page personal injury professional that will fight for your rights, both financial and personally, so you can roll back as close as possible to your life before the injury occurred.
Being unwillingly involved in a crime, accident, or negligence is not enjoyable. It’s an emotional time, and seeing the situation objectively is difficult. But staying calm and logical can make the difference between receiving the appropriate compensation that you deserve or quitting the case feeling like you should have gotten a better deal.
A Page personal injury professional can act as a counselor between you and the near-impossible situation, making it easier to navigate the ins and outs of our legal system. Most people may not even understand the potential consequences of the situation until sitting down with a professional. A lawyer can help you see all of this objectively, determine if a potential claim exists and if 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 Page Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers. Civil lawyers are generally retained to recover cash or other financial means 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 bring the lawsuit and a different civil lawyer is retained by the defendant to defend against it. In the case of bodily injury, the injured party might hire a personal injury attorney when the claim involves reimbursement or payment of expenses caused by the injury such as health costs, mental health issues caused by the injury, and legal costs, etc.
After the PIL has been hired, they will gather all of the information from the case that they are legally able to get. They will confront all witnesses that are available, gather any and all documents in relation to your case, and use all their available resources to make sure all of their is accurate.
Then they may first attempt to negotiate a settlement in 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 cases can a personal injury lawyer take?
A PIL generally handles a large variety of cases that can be separated into two primary fields. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the negligence or incompetence of a person.
The other primary study of a PIL is the intentional tort case. An intentional tort occurs when someone purposefully 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 list of reasons for a personal injury case is essentially endless.
In addition, which is different than nearly all other fields of the legal world, 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 been successful in winning the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the final steps of the process aren’t so simple. 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 totally unacceptable that a case could potentially end up in court.
However, it is rare for a personal injury case to get to the trial phase. And this is for several 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 might 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 out of the news and the public eye. This is especially important for high profile people or large high profile companies. A lengthy trial brings big publicity. And even a small trial can provoke unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for months or longer. In addition, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment in the near term rather than down the road. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing whatever it takes to win the case.
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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also risking either losing the court case or having a judge or jury award a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 formed a case, they draft and send an official letter of demand to the defendant. This letter includes a detail of what happened, of injuries suffered, and the amount of financial compensation requested.
Next, the attorney attempts to negotiate a settlement, and depending on the outcome of the negotiation, chooses if they will push to bring the case in front of a judge. This is determined by how much the defendant agrees to the settlement terms.
Choose the Successful Legal Malpractice Attorney in Page
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 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!