Need an Indianapolis Legal Malpractice Attorney? Legal malpractice cases might be complex at times, but sometimes the only option available to you is to file a malpractice lawsuit against an attorney that showed negligence in the way they handled your case.
Legal malpractice could be something obvious such as a missed deadline or statute of limitations. In other instances, the issue may fall in the “gray” area regarding whether legal malpractice actually occurred and if it had a substantial impact on your case’s outcome.
If you believe that negligence on the part of your lawyer negatively affected you financially, it is important for you to hire and retain an Indianapolis injury lawyer that’s experienced in litigating legal malpractice cases. To schedule your free confidential consultation, get in touch with Stewart|Phelps|Wood today!
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How Does a Legal Malpractice Case Actually Work?
A legal malpractice case is essentially two cases in one. You have to prove that the lawyer exhibited negligence when handling your case, and you would have received a more favorable judgment, settlement, or outcome had that negligence not occurred. To have a successful legal malpractice case, substantial levels of re-litigation of the original case are often necessary.
Even though the lawyer in the original case might have made a serious error, a jury may still feel that you would still have lost the case no matter what. Legal malpractice cases usually arise from a situation whereby the lawyer recovered some money for their client, but the client believes that he/she would have received more were it not for negligence on the attorney’s part.
What Do I Need to Sue an Attorney for Malpractice?
You need to take several steps if you believe that you have a good legal malpractice case, including the following:
- Obtaining your case file from the original lawyer
- Gathering all documents pertaining to your original case
- Contacting a legal malpractice lawyer
- Scheduling a consultation with your chosen legal malpractice lawyer
- Always follow the advice of your legal malpractice lawyer
What Elements Are Needed for Your Legal Malpractice Case to be Successful?
To prove legal malpractice, your new lawyer has to show 4 elements of the case.
- The original lawyer actually owed you a duty of care to act properly in your case. The duty of care should be affirmed by an agreement or contract between a lawyer and his/her client.
- It must be shown that the original lawyer breached their duty of care. The lawyer may have been negligent, failed to do as he/she agreed to do, or made a mistake that any other lawyer facing a similar situation wouldn’t have done.
- The conduct of the lawyer caused you damage
- You suffered financial losses due to the lawyer’s actions or inaction.
What’s an Example of Legal Malpractice?
Let’s assume that you slipped and fell in a restaurant since the floor was wet. Several people had raised complaints about the wet floor, but the manager of the restaurant still did nor clean up the mess. You sustained serious injuries to your back in the fall and hired a personal injury a lawyer to help you file a lawsuit against the restaurant. The lawyer you hired missed critical deadlines thus causing the judge to dismiss your case and bar you from re-filing.
The representation agreement you signed can help prove that the lawyer owed you a duty of care. You can prove that the lawyer failed, through negligence, to file your case within the stipulated time limits. With a medical expert and witness statements, you can prove that the wet floor caused you significant loss.
Finally, you can show that the lawyer’s misconduct affected you financially in a negative way since you weren’t able to recover a settlement from the restaurant. In such a situation, you may have a good chance of being successful with a legal malpractice case.
Contact Our Legal Malpractice Attorneys in Indiana Today!
The experienced personal injury lawyers in Indianapolis at Stewart|Phelps|Wood know just how devastating legal malpractice can be to your case. We have skilled malpractice attorneys that have represented both individuals and small businesses in the Indianapolis area as well as throughout Indiana.
If you believe that your lawyer committed legal malpractice in your case, it can be a good idea to get in touch with an attorney that’s experienced in legal malpractice cases and will make sure that your rights are always protected.
Our legal malpractice lawyers work tirelessly from the start to ensure that victims of legal malpractice are protected. Call us now at (317) 593-3014, or fill out the confidential contact form for a free consultation and review of your case.