Am I a Victim of Legal Malpractice?
Most people tend to trust the legal and medical professionals they hire to represent them, as a legal malpractice lawyer Delray Beach FL trusts knows very well. It is hard to conceive that the lawyer you hired and spent countless hours and dollars on a case of considerable importance to your life did not follow the expected protocols. The case was settled for an amount considerably less than what another lawyer could have gotten. Your lawyer failed to return phone calls or missed deadlines. Because of their actions or inactions, you suffered damages and now it is necessary to file a lawsuit against the attorney you thought was representing your best interests. Where do you even start?
There are certain elements necessary to prove that you are a victim of legal malpractice, as a legal malpractice lawyer Delray Beach FL relies on can explain:
- The attorney you hired had a duty to you. It is easy to prove your attorney did not do what was stated in the contract.
- Breach of duty is more difficult to prove. You will likely have to hire an expert witness to decide whether or not your attorney was negligent in their duty to you. The lawyer should possess the knowledge and skills necessary to properly represent you.
- Any monetary losses experienced because of the neglect of your attorney will have to be proven by providing records of money you had to spend on your case, lost wages, travel expenses, etc. This is often difficult to prove.
- The monetary damages have to be a proven result of the attorney’s negligence.
One last requirement that is difficult to prove is that if your new attorney were to retry the case and win, does the defendant have the financial ability to pay damages — both initially and if you were to retry the case?
Know the statute of limitations in your state for filing legal malpractice with a legal malpractice lawyer Delray Beach FL residents turn to. As soon as you suspect your attorney has not represented you fairly, start compiling your own evidence of negligence. Contact an attorney experienced in legal malpractice. Law Offices of Eric H. Luckman, P.A. is available to meet with you to discuss your situation and advise you of a plan of action. Gather any and all paperwork you have accumulated with your previous attorney. You will be asked for the following:
- As stated above, any and all evidence from the original case. Include anything that may indicate your attorney perform as well as you expected. Perhaps they did not present all evidence that would have proved to benefit your case. Your new attorney will need all this information if they move forward to retrying the case.
- Records you may have that prove your attorney neglected to return your phone calls or emails. Also, provide the new attorney with any phone, email and mail documents and records between you and your previous attorney.
- Someone who can represent you as an expert witness is important if your case goes to a jury, as a legal malpractice lawyer Delray Beach FL counts on can attest. This expert needs to be able to explain to the jury how your first attorney failed to perform for you.
Time is of the essence when you believe you did not receive the representation you deserved from the lawyer you hired to act on your behalf. Contact Law Offices of Eric H. Luckman, P.A. to discuss your case with an experienced legal malpractice lawyer Delray Beach FL trusts and get the representation you deserved in the first place.