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What a Legal Malpractice Attorney does:
Have you or a loved one been hurt in an accident or by way of the willful neglect of someone? Many times incidents can be dealt with through insurance or through a small claims court. Every once in a while it can be probably a good idea to drop it and get on with your life because it may cause you more headache than it is worth fighting for.
But there are times you could use someone to take your side. Someone that will gun for your cause. Someone who can fight for your side. Then you really should have a San Luis personal injury lawyer that will fight for your rights, both financial and individually, so you can roll back as close as possible to your life before the injury happened.
Being the victim of a crime, accident, or negligence is never enjoyable. It’s an extremely trying time, and being objective is nearly impossible. However, remaining cool and logical can make the difference between receiving the appropriate compensation or dropping the case with your tail between your legs.
An experienced San Luis personal injury professional can act as a counselor between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. If you are like most people, you may not even realize the potential consequences of the situation until discussing the matter with a legal professional. That person can help you realize all of this objectively, determine if a possible claim exists and how they can be of service, and help you move forward with the process of any potential claim or case.
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What is a San Luis Legal Malpractice Attorney?
To start, personal injury lawyers (PILs) fall into the larger arena of civil lawyers, also known as litigation lawyers. Civil lawyers are usually hired to recover cash 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 attorney is usually hired to initiate the lawsuit and another civil attorney is retained by the defendant. In the case of bodily injury, the injured person will retain a personal injury professional when the dispute involves reimbursement or payment of expenses caused by any injury such as medical costs, mental health problems caused by the injury, and legal costs, etc.
After the attorney has been retained, they will gather all of the information from the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents related to the case, and use all possible resources to make sure all of their is accurate.
Then he or she may first try to negotiate a settlement in the case. If that negotiation falls through, the legal professional could fie a lawsuit in response. But what kinds of cases would a personal injury lawyer fight for?
The PIL generally handles a wide 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. Wrongful death is usually 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 someone else.
The other main study of a PIL is the purposefully perpetrated tort case. An intentional tort occurs when someone willfully hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the potential reasons for a personal injury case is nearly endless.
In addition, separate from pretty much all other fields of the legal world, personal injury attorneys generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing overcomes the case. It means that there is no upfront payment, for consultation or any other service. 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 these final steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not getting in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is just flat-out refused that a claim can end up going to trial.
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 unnecessary legal fees. If the party that is liable is totally aware that they are at fault for the incident that led to the claim, they probably do 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 DL. This is especially important for high profile people or large high profile companies. A big trial brings public attention. And even a small trial can provoke unwanted attention. A settlement agreement allows everyone involved to fully negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can hasten the process. Lengthy trials can take an eternity, lasting for many months. In addition, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want financial compensation as soon as possible rather than later. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is necessary to win a legal battle.
And lastly, 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 of benefit to either party. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for maximum dollar amount but also risking either losing the claim completely or having a judge or jury give a much lesser amount.
What are the PIL Duties?
First they will take care of getting evidence and finding the responsible party, whether it be an insurance company, individual, or other legal entity.
Once the attorney has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the lawyer attempts to negotiate a settlement, and depending on whether both sides reach an agreement, chooses whether or not to bring the claim to court. This is determined by how much the other party agrees to the settlement terms. If the other party agrees completely to all terms, then there would be absolutely no reason to file a court case. If the other party agrees to some of the terms but not others or only is in partial agreement to terms, the ball is then put back in the plaintiff’s court to determine 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 San Luis
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!