Is there a problem with your lawyer? Did he just lose you an easy case? Are you considering filling a legal malpractice litigation against your lawyer? A legal malpractice is specific so it’s best you understand what exactly it is you are jumping into. Are you questioning how much a legal malpractice case is worth?
We plan on answering all your worries and doubts here and now so fasten your seat belts as it’s going to be a bumpy ride.
In this blog, we will talk about the following matters:
- Legal Malpractice
- The Roots of Legal Malpractice
- Let’s Prove Legal Malpractice!
- When Suing Your Lawyer for Legal Malpractice is Right?
- Understand Your Clam’s Worth
- Can Your Lawsuit Be Settled Out of Court?
- The Best Solution To Get Back On Your Feet
Legal Malpractice
Keep in mind, a legal malpractice lawsuit will only be accepted if you are sure that your attorney has failed to meet the standard of care expected from them. By standard we mean what a rational attorney would have done things.
You need to be able to figure out if the outcome you suffered was because of the attorney or your case. If it was because of the attorney then, you have a legal malpractice case to deal with now.
The Roots of Legal Malpractice
It all starts with negligence.
According to the Legal Information Institute, the definition of Negligence is ‘the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances’. Either a person’s actions or omissions of actions can be found negligent.
If a normal civilian shows negligence, its ordinary negligence. However when a lawyer, doctor, or a government official with unique standards of care shows negligence, there is an issue.
Though there are many types of negligence, here are the common characteristics to identify an action or lack of action as negligence:
- The negligent party had a duty to you (the negligence type varies between doctors, lawyers, ordinary citizens, etc.)
- The negligent party breached that duty
- The breach caused the harm
- The negligence caused you suffering, could be financial or other injury.
A good example of legal malpractice is when your lawyer does not file your case before the statute of limitations runs out. However, you still need to prove that your attorney failed to meet the standard of care?
Let’s Prove Legal Malpractice!
Just proving your lawyer did you wrong is not gonna cut outYou need to also show that that mistake cost you in a significant way. Thus, to have a valid case, you will need to establish four key elements:
- Duty: In detail (aka emphasize) how your lawyer had a duty towards you when they took up your case. They had the responsibility to represent you competently.
- Breach: you tell the judge how your lawyer failed to meet that standard. He either missed deadlines, gave bad legal advice, or mishandled your case. These are all valid legal malpractice points.
- Causation: Then you elaborate on how their mistakes led to your dissipation. Caused you either direct financial or legal harm.
- Damages: Mention the various losses you suffered such as lost lawsuits, financial setbacks, or emotional distress. These damages could be economic or non-economic.
For any type of lawsuit, having strong evidence such as legal documents, emails, or expert opinions can help you win a case.
When Suing Your Lawyer for Legal Malpractice is Right?
The answer is before the statute of limitation expires. However this differs from country to country, state to state.
For instance, in Florida, the statute of limitations for legal malpractice claims is two years from the time the cause of action is discovered or should have been discovered. This gives you plenty of time to recruit a new reasonable lawyer and build your case.
If you are concerned about how to pay attorney fees, we have a blog that will guide you and answer your questions.
Understand Your Claim’s Worth
What Influences The Settlement Value?
The Nature and Degree of Damages
The severity of damages is one of the most important factors that influences the settlement value. Quantifying damage is a tricky business as it requires careful documentation and expert testimony. Damages include lost financial opportunities, increased legal fees, emotional distress, and reputational harm.
The Strength of Your Case
For a case to be strong, having convincing strong evidence increases the chances of a favorable settlement or verdict.
Jurisdiction
In each state, the laws are different regarding malpractice claims. Many states have a limit to compensation on non-economic damages while others don’t. The authority where the malpractice took place determines the limitations on recovery and the laws that apply.
The Attorney’s Insurance Coverage
The attorney’s professional liability insurance policy limits the maximum amount recoverable. Thus, if the damages cross the policy limits, recovering the full settlement becomes a challenge. It might end up requiring going after the attorney’s personal assets.
Negotiation and Settlement
If your attorney is highly-skilled in negotiating a favorable settlement, then this can be dealt outside of court.
The Defendant’s Willingness to Settle
If your evidence strongly points towards a malpractice happening and the potential damages are major, then attorneys and law firms are more likely to settle.
Economic Vs. Non-Economic Damages
| ECONOMIC | NON-ECONOMIC |
| Quantifiable financial losses: lost profits, medical expenses, increased legal fees | More harder to Quantify: Pain and suffering, emotional distress, and reputational harm. |
| Mandatory: Supporting documents to prove these losses | Evidence: Therapists, expert witnesses, and personal accounts |
Calculate Your Legal Malpractice Claim’s Costs
The worth of your legal malpractice case depends on several key factors. The most significant one is the economic damages you had to bear due to the attorney’s negligence. The economic damages include failure to meet filing deadlines or a dismissal of your case that led to the loss of damages.
The other considerations are emotional distress, additional legal fees, and the strength of your evidence. In such scenarios, it is best to be on top of your legal invoice management. Courts usually decide whether the attorney’s mistake is directly proportional to your losses and the quantum you would have obtained if they had acted competently in your case.
To accurately estimate your costs, it is best you seek advice from a legal expert. They can guide you and give you an estimate for your damages and whether your clam is worthwhile or not.
Can Your Lawsuit Be Settled Out of Court?
Why, of course! In fact, the majority of legal malpractice cases are settled through settlements rather than going to trial. Lawyers and their insurers prefer to settle rather than risk the uncertainties, cost, and publicity of a courtroom trial.
Besides, a settlement depends on various factors such as the strength of your case, the damages, and the willingness of the two parties to negotiate. But many say that direct negotiations with the lawyer is typically a bad idea.
However, if liability is clear and the losses are well documented, then a fair settlement is possible through mediation or direct negotiation.
On the other hand, if the other party is not willing to offer fair compensation, litigation could be your next best option. It’s best if you get in touch with an attorney regarding your case. They can help you decide on the best course of action.
The Best Solution To Get Back On Your Feet
Recuperating from a malpractice is not merely about the case, its about reclaiming what you have lost and then moving forward.
The best way to start is by hiring an experienced malpractice attorney who will help you assess your damages, negotiate a fair settlement, or fight on your behalf if needed.
Other than a legal action, think about seeking other solutions such as obtaining a new attorney to fix the original issue or negotiate with the fault attorney’s insurance. Financial remuneration is required but so is preserving your trust in the justice system and understanding your rights are being protected.
Standing tall and taking strong action now can help you regain control and move on from this mistake, especially if non-economic damage is involved.
Frequently Ask Question:
- Can I sue my lawyer if I win?
Yes, you can. You can still sue your lawyer even if you won your original case. But you need to be able to prove that their negligence caused you harm.
For example, if their mistake resulted in a lower settlement fee, excessive legal fees, or unnecessary delays. You have a valid claim. However proving damages is more of a challenge when you have already won unlike the latter.
- What are the costs involved in prosecuting a legal malpractice case?
Typically legal malpractice cases can be expensive due to attorney fees, expert witness costs, court filing fees, expert witness costs, court filing fees, and other litigation expenses. Most attorneys take these cases on a contingency basis – meaning they only get paid if you win.
However, some attorneys may ask you to pay upfront costs so make sure you discuss your payment options with your attorney before diving into the lawsuit.
- Which element of malpractice is hardest to prove?
Causation. This element is often the most challenging element to prove.
You must demonstrate that your attorney’s negligence directly caused you to lose a case or miss out on compensation. This requires you to show that, had your lawyer maintained the standard, the outcome would have been different.
- Can I terminate my lawyer?
Yes, you have all rights to fire your attorney at any time you see fit. However, keeping your contract in mind, you might still owe them fees for the service they have already provided.
Thus, if you are in the middle of a case, switching attorneys should be done with great caution to avoid any unnecessary delays or complications. Morvoer, we have an article “How to Terminate an Agreement with My Lawyer”.
- What if I can’t afford a lawyer?
Many attorneys take malpractice cases on a contingency basis. So, you only pay when you win. You may also qualify for legal aid organizations or pro bono services. It all depends on your case and financial standing.
Conclusion
When you are 200% sure you could have won the case, but didn’t. In such a scenario people usually rush to sue their lawyers. However, it is essential that you first prove that your lawyer has breached an attorney’s standard of care. Because, if your attorney has not breached the standard of care, suing them would be pointless.
Thus, it is vital you know how much your legal malpractice case is worth, which we have clearly discussed in this blog. The next best thing to do is to get advice from an attorney who is following the standard of care.
After a tough loss that might be difficult so why not outsource your attorney. Expert Legal Outsourcing provides free counselling options so, no extra costs.
Thus, before your statute of limitations come around the corner, reach out to them to discuss your next step.
Rafia Alam Rowshni delivers a unique combination of legal knowledge and content creation talent using SEO Tools and SERP analysis. She has a solid background in public health and legal services and knows the complexities of the legal world. She can translate complex subjects into simple, concise, and entertaining information that audiences can actually use.
