My Attorney Screwed Up My Case… What Are My Rights?

If you suffered a personal injury in an accident, you may be relying on obtaining fair compensation to cover your medical expenses, lost wages, property damage, and other accident-related injuries and losses.

If you believe your attorney mishandled your case, speak with a personal injury lawyer at McMinn Personal Injury Lawyers today to understand your options.

What Is Legal Malpractice?

Lawyers are people, too. They can make mistakes, ranging from slight errors that have no real impact on a case to irreparable harm. Legal malpractice occurs when a lawyer’s actions are negligent—meaning they fall short of the professional standard of care—and harm their client. 

Examples of conduct that may constitute legal malpractice include:

• Representing a client when there is a conflict of interest 
• Breaching attorney/client privilege
• Failing to communicate essential matters or decisions to a client
• Not preserving key evidence or mismanaging evidence
• Revealing unnecessary information or not providing necessary information during discovery
• Accepting settlement offers without the client’s consent 
• Stealing or commingling client funds
• Missing filing deadlines, such as the statute of limitations
• Overcharging clients or not disclosing fees and costs
• Not preparing for legal proceedings

Many of these actions also constitute ethical violations, which can subject the attorney to discipline. If you’re concerned your lawyer may have mishandled your case, you can seek a confidential consultation with another personal injury attorney.

What Are My Legal Options if My Lawyer Messed Up My Case?

If your lawyer screwed up your case, you have options. Your options depend on the lawyer’s mistake and the stage your case is in.

Your options can include:

• Negotiating with your lawyer for a particular outcome, such as additional payment for the losses they’ve caused
• Hiring a new lawyer to replace your existing one
• Filing a complaint with your state’s attorney disciplinary authority or bar association
• Bringing a legal malpractice lawsuit against the lawyer 
• Requesting an order setting aside a settlement 
• Appealing a court decision

Each option comes with unique risks, benefits, considerations, and costs. Another attorney can help you evaluate these options and determine the best course of action.

How Do I Prove Legal Malpractice? 

To win a legal malpractice case, you must prove the following legal elements:

• The lawyer had a duty of care – You must have hired the lawyer, who agreed to represent you in this particular personal injury matter.
• Your lawyer breached the duty of care – Your lawyer did something or failed to do something that another personal injury lawyer in the same area would have done or would not have done.
• You suffered harm – You lost money or your case because of the attorney’s negligence.
• Your harm was caused by the attorney’s negligence – If you would’ve lost your case anyway or faced the same adverse effects because of your actions or other factors, that’s not enough. You have to show that you wouldn’t have been harmed but for the attorney’s actions/inactions.

A legal malpractice lawyer can help obtain the evidence you need to prove your claim.

Evidence can include:

• A written retainer agreement.
• Written communications with your lawyer, such as text messages or emails.
• Expert testimony regarding the skill, care, and diligence another attorney in the same field would have demonstrated under the circumstances.
• Evidence of your lawyer’s negligence, such as inappropriate or late filings.
• Communications from the insurance company 

If you can prove the above facts, you may be able to recover compensation for your losses.

What Compensation Can I Recover in a Legal Malpractice Case?

Depending on the outcome of the case, possible compensation you can recover in a legal malpractice claim can include:

• Reimbursement of excessive attorney fees and out-of-pocket legal costs.
• Financial losses resulting from your lawyer’s negligence, such as the sum your case was worth.
• Lost profits from a business deal negatively affected by the attorney’s actions.
• Punitive damages in cases of particularly malicious or egregious misconduct.

The specific compensation is heavily dependent on the facts and circumstances of your case. An experienced legal malpractice attorney can assess your case and explain what legal rights you have and what options are available to you.

Contact McMinn Personal Injury Lawyers Today for a Free Consultation

If you think your lawyer may have messed up your case, it might not be too late to undo some of the harm they’ve caused – or to file a legal malpractice claim against them. These cases are complex and require the assistance of a skilled attorney. 

McMinn Personal Injury Lawyers offers free, confidential, no-obligation consultations. Contact us at (385) 462-7630 to schedule your free consultation with a personal injury lawyer.