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Duties of a Legal Malpractice Attorney:

Legal Malpractice Attorney in Somerton for 2023Has a loved one or you been hurt either in an accident or through the willful negligence of others? There are times things can be settled through personal insurance or through a small claims court. If it is very minor it can be probably best to drop it and get on with your life.

But perhaps you need someone to get your back. Someone who will really gun for your cause. A professional who can really fight for your side. Those are the times you really should retain a Somerton personal injury professional that will fight for your rights, both in regards to money and individually, so you can get back to your life before the injury occurred.

Being injured by a crime, accident, or willful negligence is not fun. It’s a very trying time, and being objective is hard. But staying calm and collected can make the difference between receiving the best price that you deserve or dropping the case with nothing.

A successful Somerton personal injury professional can act as an advocate between you and the difficult situation, making it easier to deal with the ins and outs of our challenging legal system. Many people may not even understand the facts of what could happen until conversing with a professional. A legal adviser can help you realize all of this objectively, determine if a potential claim exists and whether they can be of service, and help you move forward with the process of any possible claim or case.

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    What is a Somerton Legal Malpractice Attorney?

    Have you seen all the ads for personal injury lawyers? It looks like they are all over! They appear to talk about things such as mesothelioma, doctor-induced injuries, injury accidents, and much more. You may wonder what they really do, if they are really helpful to people, and how they actually help people.

    To begin with, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, also known as litigation lawyers. Civil lawyers are generally hired to recover cash or other valuables 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 attorney is usually hired to initiate the lawsuit and another civil attorney is hired by the person or entity being accused to defend against it. In the case of bodily injury, the injured person might retain a personal injury professional when said case involves reimbursement or payment of expenses coming from any injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.

    After the PIL has been retained, they will gather all of the information from the case that they are legally entitled to. They will speak with all witnesses that are available, gather any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.

    Then they may first attempt to negotiate a settlement in the case. If that negotiation falls through, the lawyer may file a lawsuit in response, depending on the potential for a win. But what kinds of cases does a personal injury lawyer take on?

    The PIL generally takes a large number 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 negligence or incompetence of another.

    The second main study of a PIL is the purposefully perpetrated tort case. A purposeful tort happens when someone purposefully injures another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the potential reasons for a personal injury case is pretty much endless.

    In addition, separate from most other areas of law, PILs generally work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing beats the case. It means that there should be no upfront payment, for consultation or any other service. Their fee is based just upon a percentage of the financial compensation received by their client.

    What Could the Result Be in an Injury Case?

    As stated, the only possible result of a case like this will be a settlement or trial, unless the plaintiff quits the claim for some reason. But the majority of personal injury cases usually settle. What this means is that either the defendant sends an offer to the plaintiff, and the proposed settlement is either deemed acceptable by the plaintiff and their lawyer or it is not accepted and additional negotiation is successful, or the plaintiff makes the demand for payment and the defending party accepts terms that satisfy the plaintiff.

    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 do not get agreed upon or an offer is unacceptable that a claim can end up in front of a judge.

    However, it is rare for a personal injury case to get to the trial phase. And this is for several reasons:

    First, a settlement initiates a situation where the defendant can control risks and avoid unnecessary legal costs. If the other party is completely aware that they are at fault for the incident that led to the claim, they may not want the case to get in front of a sympathetic jury that could award much larger damages.

    Secondly, a settlement can help keep the case on the DL. This is especially important for high profile people or large high profile companies. A large trial brings public attention. And even a small trial can bring unwanted attention. A settlement agreement allows anyone involved to negotiate terms, including those terms regarding privacy.

    Thirdly, a settlement can speed things up. Protracted trials can take an eternity, lasting for many months. Not only that, if the other party appeals, the outcome can remain in court for even longer. The plaintiff probably wants financial payment 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 finish the never-ending process of putting on a case, presenting evidence, and doing anything else that is required to win a legal battle.

    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 for the best. The accusing party would rather settle for a little less in a guaranteed win. This, versus demanding the maximum dollar amount but also risking 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?

    The services of a personal injury lawyer are broad, but at their core are relatively basic. You may have a lot of worries regarding your case because you may be unfamiliar with the law and courtroom proceedings. Your legal professional can help you figure out the processes of your case.

    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 breakdown of what occurred, of injuries incurred, and the amount of financial compensation demanded.

    Next, the lawyer attempts to negotiate the settlement, and depending on how the negotiation turns out, decides whether or not to push 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. If the other party agrees completely to all terms, then there would be absolutely no reason to go to trial. If the other party agrees to some of the terms but not others or is in partial agreement, 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 Somerton

    Picking a Somerton Legal Malpractice Attorney can be a difficult task. So many options are on the table and attorneys that can help, and it can be difficult to tell who will do right by you when the market is so saturated with competition. And Somerton is no different. You want an attorney that is experienced in your field of law and has been successful with many of their cases. No attorney can win all cases, but you do want one that only takes cases they feel have a great chance of winning. Otherwise it is a waste of time and resources for all involved.

    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!