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Duties of a Legal Malpractice Attorney:
Have you or a loved one become injured either in an accident or by way of the willful negligence of someone? Many times things can be determined through personal insurance or through a small claims case. Occasionally it’s best to drop it and get on with your life.
But maybe you need someone to take your side. Someone who will really fight for your case. A professional who can really fight on your side. Sometimes you really should have a Williams personal injury lawyer that will fight for your rights, both in regards to money and individually, so you can roll back to your life prior to when the incident occurred.
Being injured by a crime, accident, or negligence is not ever enjoyable. It’s an emotional time, and being objective is difficult. However, keeping calm and logical can make the difference between getting the best compensation or dropping the case empty handed.
An experienced Williams personal injury professional can act as an advocate between you and the challenging situation, making it much easier to navigate the ins and outs of our intense legal system. If you are like most people, you may not even realize the breadth of what might occur until speaking with a legal professional. A legal adviser can help you realize all of this objectively, determine the potential of a claim and if they can be of service, and help you move forward with the process of any possible claim.
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What is a Williams Legal Malpractice Attorney?
To begin with, personal injury lawyers (PILs) fall within the broader spectrum of civil lawyers. Civil lawyers are usually retained to recover cash or other assets 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 attorney is usually hired to start the lawsuit and another civil attorney is hired by the defendant. In the case of bodily injury, the injured person could retain a personal injury lawyer when the claim involves reimbursement or payment of expenses caused by the injury such as medical costs, mental health issues arising from the injury, and more.
After the legal professional has been retained, they will gather all of the information in the case that they are legally entitled to. They will confront all witnesses that can be contacted, research any and all documents in relation to the case, and use all their available resources to verify all of their is accurate.
Then they may first try to work out the settlement of the case. If negotiation fails, the legal professional can file a lawsuit in response. But what cases would a personal injury attorney take?
The PIL generally tackles a wide number of cases falling into two main groups. The first field includes negligence and accident cases such as medical malpractice, legal malpractice, car accidents, child neglect, and wrongful death cases. Wrongful death can be caused by a doctor, nurse, or other medical practitioner. In most of these cases, someone is injured (or worse) due to the uncaring state or incompetence of another person.
The other main study of a PIL is the intentional wrongful case. A purposeful tort occurs when one person intentionally injures another person. This includes violent crime, assault and battery cases, slander, theft, and other such situations. Realistically speaking the possible reasons for a personal injury case is nearly endless.
In addition, which is different than pretty much all other areas of the legal universe, personal injury lawyers usually work on a contingency fee basis. What this means is that they are not paid unless the person who they are representing wins the case. It means that there is no upfront payment, for consultation or any other service. Their fee is based only upon financial compensation received by their client.
What Are the Implications in a Personal Injury Case?
Of course, sometimes even the last steps of the process aren’t so simple. The injured party can counteroffer if they feel they are not receiving in their eyes a fair compensation. It is when these offers wind up floating back and forth in limbo or an offer is totally unacceptable that a personal injury claim will end up going to trial.
But it is rare 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 costs. If the party that is liable is totally 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 settling the case will keep it low profile. This is especially important for publicly known people. A lengthy trial brings public attention. And even a small trial can provide unwanted attention. A settlement agreement is conducive to letting anyone 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 or longer. In addition, if anyone appeals, the outcome can remain in the system for an additional length of time. The plaintiff probably wants financial payment as soon as possible rather than having to wait. Or they may simply not want to complete the exhausting process of putting on a case, presenting evidence, and doing whatever it takes to beat the claim.
And lastly, 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 may in many cases rather settle for less in a guaranteed win. This, versus demanding the highest dollar amount but also taking the chance of either losing the claim completely or having a judge or jury give a much lesser amount due to unknown circumstances pretrial.
What are the Personal Injury Lawyer’s 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 legal professional has built a case, they draft and send an official letter of demand to the defendant. This letter includes a complete detail of what happened, of injuries incurred, and the amount of financial compensation requested.
Next, the attorney may try to negotiate the settlement, and depending on whether both sides reach an agreement, decides if they will bring the claim to trial. This is determined by how much the defendant agrees to the terms of the settlement.
Choose the Successful Legal Malpractice Attorney in Williams
Here at DeLozier Law, we have many 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!