When you or a loved one has suffered a serious injury, a good, qualified personal injury lawyer is key to gaining the compensation you need and deserve. But if that lawyer fails you by, for example, filing incorrect paperwork or delaying filing a claim until after the statute of limitations has passed, you can be left without compensation after a lengthy and draining legal process. This is known as lawyer negligence or legal malpractice.
The main types of lawyer negligence include:
- Mishandling lawsuits, such as failing to file the claim within the statute of limitations, wrongly assessing the correct amount of compensation due, and attempting to claim the wrong types of damages.
- Failures of communications, such as not communicating settlement offers, communicating updates on your claim that are misleading, and failing to properly notify the defendant of the claim after a lawsuit has been filed.
- Ethical breaches, including overcharging for services, settling the claim without your consent, and misusing your money.
When Do I Need a Lawyer after Lawyer Negligence?
The impact of lawyer negligence can be devastating. It can leave you having gone through months of litigation without sufficient compensation, if you get any at all. A failure of legal procedure can severely compromise your ability to prove the need for damages. And, in a dispute against an insurance company or large corporation, a failure to file a claim correctly or on time can leave you without legal recourse against them.
After you or your loved ones have suffered from legal malpractice, the lawyer who was negligent is liable for the harm they caused through their failure. By filing a negligence or malpractice claim against them and their law firm, you can gain the compensation you would have received had they handled your case correctly.
Filing a claim against your previous lawyer can be intimidating. It can feel like your case will be difficult to win, and like you have little chance of successfully navigating the legal landscape. A good lawyer can help you through this, providing the support you need as they seek compensation on your behalf.
The best way to ensure that you can get some justice and compensation for the harm the negligent lawyer caused is to contact a qualified lawyer as soon as possible after the negligence took place. A good lawyer can re-evaluate your case, determine if your claim would have been successful in competent hands, figure out how much you should have received after a successful claim, and serve as your advocate in court.
What Should I Do after Lawyer Negligence?
For best results after suffering due to lawyer negligence, there are a number of steps you should take as soon as possible to help your new lawyer evaluate and press your malpractice claim:
- Ensure that you have your complete medical history, including records of your personal injury and all treatment you have received for it, as well as all related invoices and expenses.
- Get copies of all of the evidence gathered for your case by you and your previous lawyer, including witnesses, witness statements, and documentation of the accident or incident that caused your personal injury.
- Gather the full legal history of your case, including updates from your previous lawyer, case briefs, previous legal action and related cases, and court transcripts.
- Document how your life has been impacted by the personal injury and the legal malpractice. This includes any pain and suffering due to your personal injuries – or from stress from the legal proceedings – no matter how small, as well as any impairment to your daily routine, from work to recreation.
Why Lerners For Handling Lawyer Negligence?
If you or a loved one has suffered from lawyer negligence and malpractice, Lerners Personal Injury Lawyers can help. Our qualified lawyers have the experience with personal injury claims and malpractice law you need to serve as your advocate, and help you or your loved ones navigate the legal landscape and get what you need and deserve. And if you cannot come to us – if you are recovering in the hospital or at home and are unable to travel – we will come to you, as well as provide a free initial consultation.