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Things a Legal Malpractice Attorney does:
Have you or a loved one become injured either in an accident or by way of the neglect of others? Sometimes incidents can be worked out through personal insurance or through a small claims case. Every once in a while it can be probably a good idea to walk it off and get on with your life because it may cause you more headache than it is worth .
But there are times you could use someone to get your back. Someone that will really gun for your case. A person who can really fight on your side. Sometimes you really need a Star Valley personal injury professional that will fight for your rights, both in regards to finances and individually, so you can roll back as close as possible to your life before the injury happened.
Being hurt in a crime, accident, or willful negligence is not enjoyable. It’s an emotional roller coaster, and being objective is challenging. However, keeping calm and collected can make the difference between receiving the best payment that you deserve or going home feeling incompetent.
A great Star Valley personal injury professional can act as an advocate between you and the difficult situation, making it much easier to work with the ins and outs of our legal system. If you are like most people, you may not even get the implications of the situation until conversing with a professional. A legal adviser can help you realize all of this in a more objective light, determine the claim and if they can be of service, and help you move ahead with the process of any potential case.
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What is a Star Valley Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the bigger spectrum of civil lawyers, which are also known as litigation lawyers. Civil lawyers are generally retained to recover cash or other financial instruments from a person or legal entity for another person or legal entity.
This means that when someone brings a civil action suit against another person, a civil lawyer is usually hired to begin the lawsuit and another civil attorney is retained by the person or entity being accused to defend against it. In the case of bodily injury, the injured person may hire a personal injury attorney when said dispute involves reimbursement or payment of expenses derived from any injury such as medical reimbursements, mental health issues arising from the injury, and legal costs, etc.
After the lawyer has been retained, they will gather everything in the case that they are legally able to get. They will talk with all witnesses that can be contacted, research any and all documents in relation to the case, and use all possible resources to make sure all of their is accurate.
Then he or she may first attempt to negotiate a settlement in the case. If that negotiation doesn’t work, the legal professional may consider filing a lawsuit in response. But what kinds of cases does a personal injury lawyer take?
The PIL generally tackles 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, vehicle accidents, child negligence, and wrongful death cases. In most of these cases, someone is injured (or worse) due to the carelessness or incompetence of someone else.
The second main field of a PIL is the purposely executed injustice case. A purposeful tort happens when one person purposefully hurts another person. This type of act occurs in a violent crime, assault and battery cases, slander, theft, and other similar situations. Considering everything mentioned here, the possible causes for a personal injury case is nearly endless.
In addition, and in contrast to nearly all other areas of the legal world, PILs generally work on a contingency fee basis. This means that they are not paid unless the person or entity that they are representing wins 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 the last steps of the process aren’t so simple. The injured party could send back a counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers do not get agreed upon or an offer is unacceptable that a claim will end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for several reasons:
First, a settlement lends itself to 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 probably do not want the case to get in front of a sympathetic jury that could give much larger damages.
Secondly, a settling the case will keep it low profile. This is especially important for publicly known people or large high profile companies. A big trial brings public attention. And even a small trial can provide unwanted attention. A settlement is conducive to letting everyone involved to negotiate terms, including those terms regarding confidentiality.
Thirdly, a settlement can decrease the time for proceedings. Protracted trials can take an eternity, lasting for many months. Adding to that, if there are any appeals, the outcome can remain in court for an additional length of time. The plaintiff may want financial award as soon as possible rather than later. Or they may simply not want to go through the ridiculously long 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 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 Tasks?
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 detail of what occurred, of injuries suffered, and the amount of financial compensation required.
Next, the attorney may try to negotiate a settlement, and depending on the outcome of the negotiation, decides if they will 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.
Choose the Successful Legal Malpractice Attorney in Star Valley
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!