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Duties of a Legal Malpractice Attorney:
Have you or a loved one become injured in an accident or through the negligence of others? There are times problems can be resolved by insurance or through a small claims court. If it is extremely minor it’s probably best to drop it and move forward because it may cause you more headache than it is worth .
But maybe you really need someone to take your side. Someone that will fight for you. A professional who will really fight for your side. Then you really need a Parker personal injury professional that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life prior to when the incident happened.
Being hurt by a crime, accident, or negligence is not ever a good time. It’s a very trying time, and seeing things objectively is nearly impossible. However, remaining cool and logically oriented can be the difference between getting the appropriate payment that you deserve or quitting the case with no settlement.
A Parker personal injury attorney can act as an advocate between you and the near-impossible situation, making it much easier to work with the ins and outs of our challenging legal system. Most people may not even realize the breadth of what might occur until sitting down with a professional. That person can help you see all of this in a more objective light, determine the claim and if they can help with your case, and help you move forward with any potential claim or case.
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What is a Parker Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the larger spectrum of civil lawyers; they are also known as litigation lawyers. Civil lawyers are generally retained to recover money or other assets 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 lawyer is usually hired to bring the lawsuit and a different civil lawyer is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured party might retain a personal injury attorney when the case involves reimbursement or payment of expenses coming from the injury such as health expenses, mental health problems arising from the injury, and legal costs, etc.
After the legal professional has been hired, they will gather all of the information for 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 possible resources to make sure all of their is accurate.
Then he or she will first try to work out a settlement in the case. If that negotiation fails, the legal professional will consider filing a lawsuit in response. But what kinds of cases does a personal injury attorney accept?
The PIL usually tackles 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, car accidents, child neglect, and wrongful death cases. Wrongful death can be at the hands of 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 primary field of a PIL is the purposefully perpetrated injustice case. An intentional tort happens when someone purposefully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other similar situations. As you can see the potential causes for a personal injury case is nearly endless.
In addition, and in contrast to pretty much all other areas of the legal world, personal injury professionals generally 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 otherwise. Their fee is based only upon financial compensation received by their client.
What Could Happen in an Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party could counteroffer if they feel they are not getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a case may very well 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable party is completely 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 lend much larger damages.
Secondly, a settling the case will keep it on the down low. This is especially important for publicly known people. A lengthy trial brings big publicity. And even a small trial can provide unwanted attention. A settlement allows all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Lengthy trials can take an eternity, lasting for many months. In addition, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff probably wants financial compensation as soon as possible rather than later. Or they may just not want to finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to win the case.
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 what either party wants. The plaintiff may in many cases 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 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 legal professional has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a detail of what happened, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim in front of a judge. This is determined by how much the other party agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Parker
Here at DeLozier Law, we have many decades of experience in successful personal injury law. 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!