After your lawyer has made costly mistakes in handling your legal issue, you may feel as though you have reason to sue for legal malpractice, or in most cases legal negligence. Just as doctors are expected to care for their patients, attorneys are expected to help their clients in a professional and responsible manner. If this does not happen, a legal negligence case may be in order. However, the following should be considered with the help of an experienced attorney to determine if filing a legal negligence case is appropriate.
To file a lawsuit of any kind, you must prove:
- Duty of care
In a legal negligence case, this duty of care is typically the lawyer’s responsibility to represent you, the client, in a manner that is normal and expected for that of any lawyer in similar circumstances. - Breach of duty of care
If the attorney legally representing you has made a mistake that breached the duty of care to you, you may be able to file a lawsuit against him or her. - Cause of injury or harm
The mistake, or breach of duty of care, made by the attorney must be one that can be measured financially. Typically in legal negligence cases, this mistake caused the case to be unsuccessful, smaller than reasonably expected damages or even thrown out of court.
You must specifically show that “but for” the substandard representation of your attorney, that your results would have been substantially more favorable.
A legal negligence case is much more difficult to prove than other civil cases for damages. as you must prove the underlying case & that your lawyer was substandard in his representation. (a case within a case). You should always look for an attorney who has experience in legal negligence matters.
You must also be able to prove you could have collected from the defendant in your original case. In some circumstances, this could mean proving that the defendant had money or insurance that would have paid in your favor had the case been won. These financial losses are the damages that are being sued for in the legal negligence case.
If you believe your attorney has taken actions, or failed to take actions that led to a less than favorable result in your lawsuit, speak with an experienced legal negligence attorney about legal malpractice and the possibility of a legal negligence lawsuit. As these cases must be filed very shortly after its occurrence (as short as one year after the original lawsuit in some jurisdictions), it is important to make an appointment quickly with an experienced legal malpractice attorney.
For assistance with your legal matter, we invite you to call on our trial attorneys to ascertain how the law firm of W. Morris Taylor, P.C., can put over 50 years of legal experience to work for you, call us at (314) 725-7000, or contact us online. Discover how we earned our reputation for excellence and our track record of success.
