When you hire a car accident lawyer in New Bedford, you trust them with your medical, financial, and legal future. However, lawyers are only human and they are capable of making mistakes. In most instances, these mistakes can easily be fixed and at other times, the lawyer was willfully ignorant.
What can you, therefore, do if the personal injury lawyer you hired screws up your case? Are you aware of your rights? If you are considering suing your New Bedford car accident lawyer for malpractice, there are many factors that you need to consider. The personal injury lawyers at Kevin P Landry Law Offices are dedicated to helping you understand your rights and how you can go about things if you feel misrepresented by another lawyer.
How to Pursue a Malpractice Case in New Bedford, MA
Proving fault in a malpractice case can be very difficult because the burden of proof will be on you. You have to prove that your lawyer failed to use ordinary skill and care that another lawyer would have used in your case given similar circumstances. You need to understand the four basic elements required to win a malpractice case and they include:
Duty of care: Your personal injury attorney owed you a duty of care to act like a licensed professional
They breached their duty of care: Your car accident lawyer in New Bedford did not do what he was supposed to do, made a mistake, or was negligent.
Causation: As a result of your lawyer’s negligent actions, your personal injury claim was greatly affected and caused you damages.
Damages: The costs related to your damages resulted in a financial loss.
Most malpractice cases are a result of bad attorney-client relationships. We will address some of these common problems and what you can do about them. If you cannot resolve the issue you have car accident lawyer in New Bedford, then you can proceed to file a malpractice claim.
Common Problems Clients Have With Their Car Accident Lawyer in New Bedford
Lack of Communication
In this day and age where communication has been made easier thanks to technology, clients can still have problems communicating with their lawyers. If your New Bedford car accident lawyer does not return your phone calls or emails, there are certain steps you can take before filing a claim with the state bar:
1. Send a Formal Letter
If all attempts to reach your lawyer haven’t been fruitful, you should consider writing a letter to your lawyer requesting them to respond to you. Your letter should not contain threats of suing them for malpractice as this might aggravate your lawyer and lead to even longer periods of silence.
2. Mediation
Mediation is a preferred alternative to suing your lawyer for malpractice. In most cases, it even improves your relationship with your lawyer.
3. Fire Your Car Accident Lawyer in New Bedford
If all attempts to improve communication between you and your lawyer have failed, you should consider getting a new car accident lawyer. Keep in mind that they may bill you for services rendered. However, if you feel the bill isn’t fair, you can consult your next personal injury attorney to give you legal advice.
Lying
If you believe your car accident lawyer misled you, below are the steps you can take:
File a complaint
Massachusetts has an agency that is responsible for disciplining lawyers that violate rules of legal ethics. Examples of complaints you can lodge against your lawyer for lying include:
- Participating in criminal behavior
- Lying to a judge or you
- Not showing up at a court hearing
- Wasting your money
If you feel that your personal injury attorney in New Bedford has engaged in any of the above, you should report them to the Massachusetts Board of Overseers. It is an independent administrative body that investigates and evaluates complaints against lawyers.
Billing
Your car accident lawyer should give you an itemized accounting for all the time and money spent on your case. Always compare this information to the fee agreement you had with them. Typically, a personal injury lawyer will charge you 33-40percent of your settlement depending on whether your case went to court or not. Do not pay the bill until you settle any money disputes you have with your lawyer.
Inadequate Legal Work
Without any legal experience, it may be hard for you to know if your lawyer did adequate legal work or not. If you feel your lawyer is not doing a good job you can:
Talk to them and tell them your concerns.
Ask to see your case files if you feel your lawyer has not been working diligently on your case even if you fired them. You may have to sue them to get them. The good news is you may be entitled to money damages if you can prove that:
- You suffered a financial loss because you had to remake the documents
- You spent money to recover the files.
Do your own research. If you feel your lawyer is making arguments in court that aren’t related to your case, you can head to your local law library to do your own research.
Get a second opinion. You can always get the opinion of another car accident lawyer in New Bedford if you feel your current one isn’t doing a good job. However, every lawyer has their own approach to legal issues. Just because another lawyer’s approach is different, does not necessarily mean what your current lawyer is doing is wrong.
You might need intervention to handle disputes between you and your lawyer and arbitration might just be the best option before going to court. Arbitration is the process of using a neutral third party to settle disputes between you and your attorney.
You also have the right to fire your car accident lawyer at any time for whatever reason. However, you should first consider:
- Your trial date and if it will give your new lawyer enough time to adequately prepare
- The time it will take you to find a new lawyer
- The bill you will receive from your current lawyer
If all the above steps fail, you should consider filing a malpractice lawsuit. Keep in mind that pursuing a malpractice claim is costly and time-consuming. Additionally, you might sue a car accident lawyer in New Bedford who doesn’t have enough financial assets to pay you in the event that you win your case.
