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Duties of a Legal Malpractice Attorney:
Have you or a loved one become injured either in an accident or through the negligence of others? At times issues can be determined by insurance or through a small claims case. Occasionally it can be best to walk it off and get on with your life.
But sometimes you really need someone to take your side. Someone who will really gun for your cause. A professional who can really fight on your side. Then you really should have a Payson personal injury lawyer that will fight for your rights, both financial and personal, so you can get back as close as possible to your life before the incident happened.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s a very trying time, and seeing the situation objectively is nearly impossible. However, staying calm and collected can make the difference between receiving the proper price or quitting the case broke.
A great Payson personal injury professional can act as a buffer between you and the challenging situation, making it much easier to navigate the ins and outs of our legal system. If you are like most people, you may not even get the facts of what’s happening until conversing with a professional. A legal adviser can help you realize all of this in a more objective light, determine if a potential claim exists and how they can help with your case, and help you move forward with any potential claim.
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What is a Payson Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the larger arena of civil lawyers, which are also known as litigation lawyers. Civil lawyers are usually retained to recover cash or other financial instruments 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 lawyer is hired by the defendant. In the case of bodily injury, the injured person might hire a personal injury lawyer when said claim involves reimbursement or payment of expenses coming from the injury such as medical expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather everything from the case that they are legally able to get. They will speak with all witnesses that are available, research any and all documents in relation to the case, and use all available resources to verify all of their is accurate.
Then they may first try to negotiate the settlement of the case. If negotiation doesn’t work, the lawyer may file a lawsuit in response, depending on the potential for a win. But what cases does a personal injury lawyer take?
The PIL usually tackles a large variety of cases that fall into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, automobile 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 someone else.
The other primary study of a PIL is the purposely executed injustice case. An intentional 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 such situations. Really the potential reasons for a personal injury case is basically endless.
In addition, unlike nearly all other areas of law, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing has won the case. It means that there should be no upfront payment, for consultation or otherwise. Their fee is based strictly upon financial compensation received by their client.
What Could the Result Be in an Injury Case?
Of course, sometimes even these final steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case can end up going to court.
But it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal fees. If the liable 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 on the down low. This is especially important for well-known people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement allows everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Extended trials can take an eternity, lasting for many months or longer. Adding to that, if anyone appeals, the outcome can remain in the system for even longer. The plaintiff may want financial compensation as soon as possible 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 go through the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary 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 the best situation. The plaintiff may in many cases 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 give 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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the attorney may attempt to negotiate a settlement, and depending on whether both sides reach an agreement, decides if they will push to bring the claim to trial. This is determined by how much the other party agrees to the settlement terms put forth by the plaintiff.
Choose the Successful Legal Malpractice Attorney in Payson
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!