As someone who had a very obvious claim, you couldn't believe it when your attorney told you that you couldn't seek compensation any longer. You had provided paperwork and documentation early on in the process, so what happened?
After looking into the situation, it turned out that your attorney had waited too long to start the case. After all that hard work and effort, you lost the chance to file your claim because of their mistake. The lawsuit had been misplaced, and instead of asking for new documents, your attorney simply ignored your calls and pushed off the situation.
Your case is one that may be a good candidate for a legal malpractice lawsuit. When an attorney makes a mistake that impacts your ability to collect compensation, it's a serious oversight. You should pursue your legal options, so you can hold the other attorney responsible for their actions.
Do you have to work with a new attorney to file a legal malpractice claim?
While you could try to file a claim on your own, it's normally a better idea to work with a new attorney. Yes, you may feel unsure about working with an attorney after all that has happened, but by checking into the new attorney's background, asking for referrals and going to a consultation, you can decide if your new attorney makes you feel comfortable. If they are educated and prepared to take on a case, they can be a huge help when you make your claim.
How will you know if you have a solid legal malpractice case?
There are a few ways to know, and, of course, your new attorney will talk to you about the case and make sure you have a reason to file, too. In most cases, you'll need to show that:
- Your attorney had a duty to represent you skillfully
- Your attorney made a mistake or was careless, breaching the above duty to your case
- The mistake caused an injury, harm and financial loss
If you are able to show these things, then you should have a good opportunity to file a claim for the compensation that you lost due to your attorney's actions.
When you meet with your attorney, bring information about your case. Have information such as the dates you met with your attorney, the times you called or wrote and did not get a response, and other information about the error that the attorney made. With this, your attorney can help you begin a legal malpractice case.