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Duties of a Legal Malpractice Attorney:
Have you or a loved one become hurt either in an accident or through the neglect of someone? Sure, sometimes things can be settled through personal insurance or through a small claims court. If it is not worth fighting for it can be a good idea to forget about it and move forward because it may cause you more headache than it is worth spending your time on.
But at times you really could use someone to take your side. Someone that will fight for your case. A person who can fight for your side. Then you really should have a Quartzsite personal injury lawyer that will fight for your rights, both financial and personally, so you can get back to your life prior to when the injury occurred.
Being unwillingly involved in a crime, accident, or willful negligence is not ever a good time. It’s a very trying time, and being objective is nearly impossible. But remaining calm and collected can make the difference between getting the fair payment that you deserve or going home with no money.
A great Quartzsite personal injury legal representative 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 intense legal system. Many people may not even realize the potential consequences of the situation until discussing the matter with a legal professional. A legal adviser can help you see all of this objectively, determine if a potential claim exists and whether or not they can help with your case, and help you move ahead with the process of any potential claim or case.
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What is a Quartzsite 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 retained to recover money or other valuables from a person or legal entity for another person or legal entity.
This means that when a person brings a civil action suit against someone else, a civil attorney is usually hired to bring the lawsuit and a different civil attorney is retained by the defendant to defend against it. In the case of bodily injury, the injured party can hire a personal injury attorney when the case involves reimbursement or payment of expenses caused by any injury such as health reimbursements, mental health problems arising from the injury, and other possible costs.
After the personal injury lawyer has been hired, they will gather everything for the case that they are legally entitled to. They will speak with all witnesses that can be contacted, gather any and all documents related to your case, and use all their available resources to verify all of their is accurate.
Then he or she will first attempt to negotiate a settlement in the case. If negotiation doesn’t work, the legal professional can file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury attorney take on?
A PIL usually takes a large variety of cases that can be divided into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car 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 a person.
The other primary study of a PIL is the purposefully perpetrated injustice case. A purposeful tort occurs when someone willfully hurts 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 causes for a personal injury case is basically endless.
In addition, which is different than most other areas of the legal world, PILs almost always work on a contingency fee basis. What this means is 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 any other service. Their fee is based just upon financial compensation received by their client.
What Are the Implications in an 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 getting enough compensation. It is when these offers do not get agreed upon or an offer is just flat-out refused that a claim may very well end up in court.
But it is unusual for a personal injury case to get to the trial phase. And this is for many reasons:
First, a settlement initiates a situation where the defendant can control risks and avoid unneeded legal fees. If the defending party is totally 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 high profile people. A big trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting all parties involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can speed things up. Lengthy trials can take an eternity, lasting for months. Adding to that, if there are any appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment as soon as possible rather than later. Or they may simply not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing everything else that is required to win the case.
And finally, 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 in the best interest of either party. The accusing party 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 award a much lesser amount.
What are the PIL Duties?
First they will take care of finding 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 opposing party. This letter includes a detail of what occurred, of injuries incurred, and the amount of financial compensation demanded.
Next, the lawyer attempts to negotiate the settlement, and depending on whether a settlement is reached, chooses whether or not to bring the case 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 file a case with the court. If the other party agrees to some terms but not others or only partially agrees, it will be up to the plaintiff to decide if they will push for further negotiations, agree to the new terms, or file a claim in court.
Choose the Successful Legal Malpractice Attorney in Quartzsite
Here at DeLozier Law, we have many 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!