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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 willful negligence of others? There are times problems can be resolved through personal insurance or through a small claims court. Every once in a while it can be best to walk it off and get on with your life because it may cause you more headache than it is worth .
But at times you really could use someone to get your back. Someone that will really fight for your case. A person who will really fight on your side. Sometimes you really should have a Snowflak personal injury lawyer that will fight for your rights, both in regards to money and personal, so you can get back to your life before the injury occurred.
Being victimized by a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and seeing things objectively is challenging. However, staying calm and logically oriented can make the difference between receiving the proper price or going home with a situation that you will not like at all.
A successful Snowflak personal injury attorney can act as a counselor between you and the difficult situation, making it much easier to handle the ins and outs of the legal system. Most people may not even comprehend the full breadth of what’s happening until sitting down with a professional. A lawyer can help you see all of this objectively, determine if a claim exists and if they can be of service, and help you move ahead with the process of any possible claim or case.
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What is a Snowflak Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall within the larger category of civil lawyers. Civil lawyers are generally 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 another person, a civil lawyer is usually hired to start the lawsuit and a different civil lawyer is retained by the defendant to defend it. In the case of bodily injury, the injured person could hire a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as health expenses, mental health problems caused by the injury, and other possible costs.
After the legal professional has been hired, they will gather all of the information for the case that they are legally entitled to. They will confront all witnesses that are available, gather any and all documents related to the case, and use all available resources to verify all of their is accurate.
Then they will first attempt to negotiate the settlement of the case. If negotiation fails, the lawyer may file a lawsuit in response. But what cases can a personal injury attorney take?
The PIL usually tackles a wide variety of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child negligence, and wrongful death cases. Wrongful death is usually at the hands of a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second primary study of a PIL is the purposely executed tort case. An intentional tort occurs when someone purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Really the possible reasons for a personal injury case is pretty much endless.
In addition, separate from nearly all other areas of law, personal injury attorneys almost always work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing is successful in 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 Could Happen in an 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 enough compensation. It is when these offers wind up floating back and forth in limbo or an offer is unacceptable that a case may very well end up going to 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 lends itself to a situation where the defendant can control risks and avoid unnecessary legal costs. If the party that is liable is fully 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 settlement can help keep the case on the down low. This is especially important for high profile people or large high profile companies. A large trial brings big publicity. And even a small trial can provide unwanted attention. A settlement agreement allows all parties involved to fully negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Lengthy court cases can take an eternity, lasting for months. Not only that, if there are any appeals, the outcome can remain up in the air for even longer. The plaintiff may want financial compensation in the near term rather than down the road. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing everything else that is required 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 the best situation for either. The plaintiff may in many cases rather settle for a little less in a guaranteed win. This, versus holding out for maximum dollar amount but also taking the chance of 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 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 lawyer 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 suffered, and the amount of financial compensation required.
Next, the lawyer may attempt to negotiate the settlement, and depending on how the negotiation turned out, chooses if they will bring the case to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Snowflak
Here at DeLozier Law, we have many decades of experience in successful personal injury law. Our clients are extremely pleased with us because we 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!