When you entrust your personal injury case to an attorney, you reasonably expect diligent and competent representation. However, if your attorney has mishandled the case – whether through negligence, lack of expertise, or communication failure, for example – it can seriously affect the outcome and compensation you recover.
You may have recourse through a legal malpractice claim against the attorney if their misconduct or inadequate performance directly resulted in harm to your case. In these instances, understanding what constitutes legal malpractice and knowing what steps to take next is crucial for seeking restitution for any loss or additional damages caused by their mistakes.
What is Legal Malpractice?
Legal malpractice occurs when an attorney fails to competently perform their legal duties, resulting in harm to a client. In the context of personal injury cases, this can involve numerous issues. It not only undermines the trust between the attorney and client but can also have serious repercussions for the client’s case, potentially leading to lost compensation or even additional costs.
Examples of Legal Malpractice
Legal malpractice in personal injury cases can manifest in various forms, compromising the client’s ability to receive justice and appropriate compensation. Below are some common examples:
Missed Deadlines
Missing deadlines in personal injury cases often results from failing to file within the statute of limitations. This neglect can lead to the case being dismissed, barring the client from seeking compensation.
Inadequate Investigation
Inadequate investigation happens when an attorney fails to gather crucial data, such as evidence from the accident scene or witness statements. This oversight can weaken the case significantly, potentially leading to an unfavorable outcome for the injured party.
Poor Communication
Poor communication from a personal injury lawyer can constitute legal malpractice. This includes not returning phone calls or emails promptly or not informing clients of significant case developments. Such neglect may cause missed opportunities or additional costs, affecting the outcome of the case.
Conflict of Interest
A conflict of interest arises when an attorney’s ability to represent their client is compromised due to competing obligations. This may occur if the attorney has interests in the opposing party or represents multiple clients with conflicting interests, thereby reducing the quality of representation.
Incompetence
Incompetence in legal representation occurs when an attorney lacks the necessary skills or knowledge to handle a case effectively. This includes taking cases they don’t have the experience for, which could lead to missing deadlines or failing to collect vital evidence. Attorneys must maintain competence by continuing their education and understanding their practice area thoroughly.
Improper Settlement Advice
Improper settlement advice happens when an attorney pressures a client into accepting an unfair settlement offer without properly assessing the case or the opposing party’s position. This can result in significant financial loss and may lead to a legal malpractice claim.
No matter what the reason is, if you believe your lawyer’s conduct harmed your case, you may have recourse.
What To Do If Your Lawyer Messed Up Your Personal Injury Case
If you believe that your attorney’s mistakes have negatively impacted your personal injury case, it is crucial to understand your rights and the steps you can take to seek redress. Legal malpractice can result in significant financial and emotional harm, but the law provides mechanisms to hold negligent attorneys accountable.
Here’s what you should do:
Document the Attorney’s Errors
To pursue a legal malpractice claim, you must thoroughly document the attorney’s errors. This involves collecting correspondence, retaining legal documents, and making detailed notes of interactions with your lawyer. Adequate documentation strengthens your case and helps establish a clear timeline of events.
Seek a Second Opinion
Consult another legal professional to assess the merits of your malpractice claim. An experienced attorney can provide an objective evaluation of the previous representation and identify any missteps that could constitute malpractice. This second opinion is invaluable in determining the viability of pursuing legal action.
File a Legal Malpractice Lawsuit
If the second opinion confirms malpractice, you may need to file a lawsuit against your former attorney. This process involves proving that the attorney’s conduct fell below the accepted standard of professional competence, directly causing damage to your personal injury case. Experienced legal malpractice attorneys can guide you through this complex process.
File a Complaint With the Bar Association
If you find yourself in a situation where you believe your attorney has committed malpractice or unethical conduct, another one of the actions you can take is to file a complaint with the state bar association. The bar association oversees attorneys’ professional conduct and has the power to investigate complaints against lawyers.
Start by visiting your state’s bar association website for guidelines on how to file a grievance. This typically involves filling out and submitting a formal complaint form outlining details about your allegation along with any supporting documentation.
After submitting, an investigation may be conducted into the matter – be prepared that this process can take some time. Depending on their findings, the bar association could impose disciplinary action on the lawyer if warranted.
Ultimately, the best way to determine what steps you need to take is to speak with another personal injury lawyer as soon as possible.
Proving Legal Malpractice
To successfully prove legal malpractice, it is essential to demonstrate four elements:
- Duty of Care: The first element involves establishing that the attorney owed you a duty of care. This typically arises from the attorney-client relationship, requiring the lawyer to act competently and in your best interests.
- Breach of Duty: Next, you must show that the attorney breached this duty through negligence or incompetence. This might include missing deadlines, failing to prepare adequately, or providing incorrect legal advice.
- Causation: The third element requires you to prove that the attorney’s breach directly caused harm to your case. This means demonstrating that, but for the attorney’s mistakes, you would have had a better outcome in your personal injury claim.
- Damages: Finally, you need to show that you suffered quantifiable damages as a result of the attorney’s breach. These damages can include financial losses or additional legal expenses, for example.
By thoroughly substantiating each of these elements, you can build a compelling case for legal malpractice against your former attorney.
Contact Our Chicago Personal Injury Lawyers If Your Former Attorney Has Mishandled Your Case
If you find yourself in a situation where your personal injury case has not been managed properly by your attorney, it’s critical to act quickly. You have rights that need safeguarding, and there are potential remedies for the harm caused by legal malpractice. For help with this situation, contact our Chicago personal injury attorneys at Zayed Law Offices Personal Injury Attorneys to schedule a free consultation at (312) 726-1616.