When you suffer an injury, seeking justice and compensation often means turning to a trusted lawyer for help. You expect them to handle your case professionally and ensure that your rights are protected. But what happens when your personal injury attorney fails to meet those expectations?
If your attorney has mishandled your case and you no longer trust them to represent your interests, you may have grounds for a legal malpractice claim. However, before pursuing this course of action, there are some important factors you need to be aware of.
Legal Malpractice: Is It Worth Pursuing?
Suing your attorney for malpractice is an option, but it’s important to understand that these cases are typically difficult and expensive to pursue. You’ll need to hire another attorney who specializes in legal malpractice, and that attorney will likely need to retain an expert witness to testify on your behalf. The expert, often another lawyer, will help establish that your original attorney failed to meet the accepted standard of care for your case.
Finding an attorney who handles legal malpractice cases can also be a challenge, as it is a gray area of law that requires clear evidence linking your attorney’s actions to the negative outcome of your case.
Despite these challenges, there are instances where malpractice is clear-cut, such as when your attorney misses a critical deadline (like the statute of limitations), acts unethically, or pressures you into illegal actions.
Steps to Take in a Legal Malpractice Case
Pursuing a legal malpractice case involves proving several key points:
1. Duty of Care: You need to show that your attorney must act in your best interest as a licensed professional.
2. Breach of Duty: It must be clear that your attorney breached that duty through negligence or mistakes that no reasonable attorney would make under similar circumstances.
3. Causation: You’ll need to demonstrate that your attorney’s negligent actions directly caused you harm or losses.
4. Damages: Finally, you must provide evidence of the damages you suffered as a result of their negligence.
It’s important to note that malpractice often arises when there are ongoing issues in the attorney-client relationship, such as poor communication, inadequate legal work, or dishonesty.
Understanding Your Rights
As a client, you have rights when working with your lawyer, including:
– Receiving guidance and expert advice about your case
– Regular updates about case progress
– The opportunity to make informed decisions
– An estimate of how much your case will cost
– Consistent communication
– Preparation for important case developments
If your attorney is not meeting these expectations, it might be time to consider your options.
Can You Sue for Negligence?
Yes, you can file a lawsuit against your attorney for negligence if they violated your rights as a client. However, before taking this step, it’s important to weigh whether firing your lawyer is the right move, as finding a new attorney willing to take over a mishandled case can be difficult unless malpractice has occurred.
Retrieving Your Case Files
If you choose to fire your attorney, you are entitled to request all information and documents related to your case. You should sign an authorization allowing your new lawyer to access these records from your previous attorney.
Poor Communication: Does It Constitute Legal Malpractice?
While frustrating, poor communication alone does not typically qualify as legal malpractice. There are many reasons your lawyer might not be returning your calls, including personal issues, workload, or time spent researching your case. However, if poor communication is a persistent issue, it could signal deeper problems with how your case is being handled.
If your attorney consistently fails to respond, consider following up with a written request for communication or visiting their office in person to address the issue. Persistent communication issues may warrant taking further action if your case is being negatively impacted.
Low Compensation: Can You Sue for More?
It’s not uncommon for attorneys to give clients estimates of potential compensation, which may not always match the final amount awarded. However, receiving less than your lawyer projected is not necessarily grounds for a malpractice claim. In these cases, it’s wise to have another attorney review your settlement before making any decisions.
If another lawyer believes you should have received more, consider changing attorneys before settling your case.
Can You Sue if Your Lawyer Settled Without Your Consent?
Yes, you can sue your lawyer if they settle your case without your consent. In this situation, you will need to prove that your attorney consistently failed to communicate with you and that the settlement amount was lower than what you should have received.
What to Do if You Receive an Unexpected Bill
If your attorney sends you a bill that you weren’t expecting, do not feel obligated to pay right away. Ask for an explanation of how the costs were calculated and, if needed, request a discount. If your attorney refuses to adjust the bill, you can file for non-binding fee arbitration with the local bar association in Plymouth. An arbitrator will review the case and make recommendations, though you are not required to accept their decision.
Why It’s Important to Hire an Experienced Plymouth Personal Injury Attorney
Suffering from an injury is challenging enough without having to worry about poor legal representation. At our Plymouth law offices, we prioritize your rights and aim to ensure that you receive the justice you deserve. Our team of experienced personal injury attorneys is dedicated to providing excellent service, and handling your case with the attention and care it requires.
With us, you won’t have to worry about inexperienced lawyers or interns managing your case. If you or someone you know needs a skilled personal injury attorney in Plymouth, contact our office today for a consultation.
