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What a Legal Malpractice Attorney does:
But perhaps you really need someone to have your back. Someone who will fight for your cause. Someone who can fight on your side. Sometimes you really need a Wellton personal injury professional that will fight for your rights, both financial and personally, so you can roll back to your life prior to when the injury happened.
Being hurt in a crime, accident, or willful negligence is never enjoyable. It’s an emotional roller coaster, and seeing things objectively is challenging. However, remaining cool and collected can make the difference between receiving the appropriate payment or leaving the case feeling like you should have gotten a better deal.
An experienced Wellton personal injury professional can act as a buffer between you and the near-impossible situation, making it much easier to deal with the ins and outs of our challenging legal system. Most people may not even fully realize the implications of what could happen until sitting down with a professional. That person can help you see all of this in a more objective light, determine if a potential claim exists and whether 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 Wellton Legal Malpractice Attorney?
Well, personal injury lawyers (PILs) fall into the larger spectrum of civil lawyers. Civil lawyers are generally retained to recover money 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 someone else, a civil lawyer is usually hired to begin the lawsuit and a different civil attorney is hired by the person or entity being accused. In the case of bodily injury, the injured party may hire a personal injury attorney when said dispute involves reimbursement or payment of expenses caused by any injury such as medical reimbursements, mental health problems arising from the injury, and legal costs, etc.
After the personal injury lawyer has been retained, they will gather all of the information in the case that they are legally able to get. They will talk with all witnesses that are available, get any and all documents in relation to the claim, and use all available resources to make sure all of their is accurate.
Then they will first attempt to work out a settlement in the case. If that negotiation doesn’t work, the legal professional can file a lawsuit in response. But what cases would a personal injury attorney fight for?
A PIL usually takes a large variety of cases falling into two primary categories. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, auto 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 field of a PIL is the intentional injustice case. An intentional tort happens when one person purposely hurts another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Considering everything mentioned here, the possible causes for a personal injury case is essentially endless.
In addition, unlike most other fields of law, PILs generally work on a contingency fee basis. This means that they are not paid unless the person who they are representing beats the case. It means that there is no upfront payment, for consultation or otherwise. Their fee is based just upon a percentage of the financial compensation received by their client.
What Are the Implications in an Injury Case?
Of course, sometimes even the last steps of the process aren’t necessarily easy. The injured party can counteroffer if they feel they are not receiving enough compensation. It is when these offers do not get agreed upon or an offer is totally unacceptable that a case can end up going to court.
However, it is unusual for a personal injury case to get to the trial phase. And this is for a lot of reasons:
First, a settlement creates a situation where the defendant can control risks and avoid unnecessary legal costs. If the liable party is 100% aware that they are at fault for the incident that led to the claim, they might not want the case to get in front of a sympathetic jury that could provide 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 public attention. And even a small trial can bring unwanted attention. A settlement agreement allows all of those involved to negotiate terms, including those terms regarding non-disclosure.
Thirdly, a settlement can hasten the process. Protracted court cases can take an eternity, lasting for many months. Adding to that, if the other party appeals, the outcome can remain unsettled for an additional length of time. The plaintiff may want 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 just not want to finish the ridiculously long process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
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 the best situation. The accusing party would rather settle for less in a guaranteed win. This, versus holding out for highest 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 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 lawyer has built a case, they draft and send an official letter of demand to the opposing party. This letter includes a complete detail of what occurred, of injuries incurred, and the amount of financial compensation required.
Next, the lawyer may try to negotiate a settlement, and depending on whether both sides reach an agreement, chooses if they will bring the case to trial. This is determined by how much the other party agrees to the terms of the settlement. If the other party agrees completely to everything proposed, then there would be no reason to go to trial. If the other party agrees to some of the terms but not others or is in partial agreement, 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 go to court.
Choose the Successful Legal Malpractice Attorney in Wellton
Here at DeLozier Law, we have over 4 decades of experience in successful personal injury law. 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 602-464-9666!