Holding Negligent Legal Professionals Accountable In Florida
If your attorney made a serious error that negatively impacted your case, or your ability to file a case, you can sue him/her. As proving legal malpractice is difficult, you will want to hire an experienced lawyer to assist you.
To win a malpractice case against an attorney, you must prove the following:
- Duty (the attorney owned you a duty to act properly)
- Duty was breached (the duty was breached, and the attorney acted negligently)
- Causation (this conduct hurt you financially)
- Damages (you suffered financial loss as a result)
What Happens When Your Lawyer Files Your Case Late?
If your lawyer missed a deadline, due to improper filing, late filing, or the fact that he/she just forgot, you may potentially have to forfeit your case. The attorney responsible for this could potentially be sued for legal malpractice depending on the deadline that was missed.
As a result, if you were pursuing a lawsuit, such as a personal injury lawsuit, you will not receive compensation for the damages you experienced if you must forfeit your case. For example, auto accident cases have a 4-year statute of limitations. If your personal injury attorney doesn’t file your case in time, you may be able to sue them for legal malpractice.
Legal Malpractice: A Case Within a Case
Legal malpractice cases are special because there are 2 cases at hand:
- The first case exists to decide whether or not an attorney was negligent
- The second case helps determine whether or not the client suffered harm.
To prove damages, clients must not only prove their lawyer was negligent but also that they would have won damages had their attorney acted correctly. Because of this, legal malpractice cases almost always require expert witnesses “to determine that the attorney’s conduct fell below the standard of care.” These types of cases are difficult—and due to the cost of litigation—only worth pursuing if the damages are significant
When their errors are significant enough to ruin your case or cause financial harm, however, you may be entitled to compensation via a legal malpractice claim. Four Rivers Law Firm can help determine whether you have a valid case and pursue justice against negligent attorneys.
Ready to get started on your malpractice claim? Contact our Tampa legal malpractice lawyer at Four Rivers by calling 813-331-5056 or contacting us online today.
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