How To Sue Your Lawyer For Negligence

May 25, 2020

Experienced lawyers often deal with individuals who have been victims of negligence. They fight back to get your compensation for damages. But what happens when they become the source of negligence. Just like any other person who becomes liable due to a negligent act, a lawyer can be negligent too. When a lawyer becomes negligent, the outcome can be disastrous. And the question that comes in the mind of many is, “can I sue lawyer? The fact that your lawyer’s negligence has caused your injuries is enough evidence for a malpractice case. But this depends on the type of legal matter involved. Only an experienced legal malpractice lawyer can give you legal advice in determining whether your lawyer was negligent.

What is Negligence?

Negligence is the failure to take reasonable care that an ordinary person would have exercised given the same circumstances. When a lawyer fails to take reasonable care that another lawyer in the same situation would have done, then this is considered to be legal malpractice. Negligence consists of action or failure to act when there is a duty to act. To determine what is reasonable in a given situation, lawyers use common sense or industry standards. There are different types of negligence. They include:

  • Civil negligence: This is sometimes referred to as due diligence. When a lawyer fails to exercise ordinary cases and this causes harm to the other person, the affected person can sue. Primarily, civil negligence deals with disputes among individuals or organizations. Examples include property damages, motor vehicle accidents, and medical malpractice.
  • Criminal Negligence: This involves disregard for the safety of human life. It occurs when an individual acts in a way that a reasonable person would not have acted. Most of the crimes conducted can be termed as criminal negligence. An example is when a driver drinks and drives, knowing very well that he/she can cause a fatal accident.

Steps To Take To Sue Your Attorney For Malpractice

If you believe your case can win, there are several steps you’re supposed to take. They include:

  1. Never pursue a personal injury claim alone
    Issues to do with negligence are hard; a legal malpractice lawyer can find it easy, but not a layman. Being involved in legal malpractice doesn’t mean that you should sit back and watch; you should take the necessary legal actions. This is a battle you don’t want to find alone. You can consider hiring a legal malpractice lawyer to help you seek compensation for injuries suffered.
  2. Request for a copy of the file from your original lawyer
    Your attorney is obligated to provide you with a copy of your case file. Make sure to have the entire relevant documents needed. For example, if you hired a lawyer for your car accident case, find your copy of the agreement. This doesn’t include the lawyer’s thoughts in the form of notes. But keep in mind that he/she may request to be paid if they had been provided earlier.
  3. Get copies of court case documents about the original case
    To get these copies, you must contact the court where your claim was filed.
  4. Contact a legal malpractice lawyer
    Proving malpractice alone is not easy. It would help if you had someone with legal knowledge to help you. The lawyer is obligated by the law to comply with a code of ethics set by the state in which he/she operates. Ensure to get an experienced lawyer who will work to your own best interest.
  5. Meet your legal malpractice lawyer for an initial consultation
    The first meeting with your legal malpractice lawyer is very important. The meeting helps you to build trust and get to know your lawyer. Besides, the lawyer offers insight into your legal matter. Most of the lawyers don’t charge anything for the first meeting. You will also get a chance to understand their fee structure and any other related costs. It’s also advisable to always have a list of questions to ask. You may write them down ahead of time.

Meeting With Your Legal Malpractice Lawyer

Imagine how devastating it can be if you realize that you lost your case because of an ineffective lawyer. The person who was supposed to help you recover the damages you had suffered. You deserve fair compensation due to injuries sustained from negligence. However, for your case to win, you have to prove that you suffered damages. You have to prove that the lawyer owed you a duty to act in the right way and that he/she breached that duty. And because of that conduct, you suffered and incurred financial losses as a result. These damages mostly include financial losses. And courts don’t just entertain any legal malpractice case simply because they are filed. Look for that lawyer who has represented legal malpractice cases in your state.

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