When you hire a legal professional for your personal injury case, you expect competence, diligence and a strong fight for the compensation you deserve. However, it’s not always the case.
Your attorney may make mistakes that undermine your case and prevent you from securing the compensation you’re entitled to. It could be missing deadlines, failing to investigate, lack of communication or even incompetence in court. Either way, you could be a victim of legal malpractice, and you may have options to hold them accountable.
How can you prove legal malpractice?
If you believe your lawyer’s mistakes hurt your personal injury case, you must prove certain key elements to hold them responsible. You must demonstrate that:
- There was an attorney-client relationship. This establishes the duty of care your lawyer took on when they agreed to represent you.
- The attorney breached their duty to provide skilled and competent representation.
- Their actions caused financial harm such as a reduced settlement or dismissal which would not have resulted if they did not breach their duty of care.
It’s worth noting that not every poor or undesirable outcome constitutes legal malpractice. Getting a qualified assessment of what went wrong can help determine if you have a case and the steps to take to get justice.
What damages can you recover?
You may be entitled to compensation for the damages caused by your lawyer’s errors if you can prove legal malpractice. This can include the losses directly arising from their negligence, such as the compensation you lost out on and any consequential financial harm you suffered as a result of the lawyer’s mistakes. You may also be awarded punitive damages, depending on the particulars of your case.
Seeking qualified assistance is essential when handling legal malpractice claims. Such cases can be complicated due to the technicalities involved, and going it alone is not in your best interests.