Thursday, January 13, 2011

Legal Malpractice in Personal Injury Actions

When a person is involved in an automobile accident and suffers injuries as a result of another party’s negligence, often times the injured person will seek advise and representation from a lawyer. If the lawyer decides to take the case, they will begin work by gathering the appropriate documentation to pursue the claim.

If the lawyer fails, for whatever reason, to file suit before the statute of limitations, the lawyer may be liable for legal malpractice. Suppose the lawyer did file suit before the statute of limitations but they failed to return the Complaint to the Court. The client’s case may be dismissed and the lawyer may be liable for legal malpractice.

Yet another example, after the lawyer files suit, returns the Complaint to Court and begins the discovery process, they determine that they filed suit against the wrong party, but the statute of limitations has passed to bring an action against the correct party. The client’s case may suffer as a result of this error and the lawyer may be liable for legal malpractice.

There is no such thing as an “easy case”. Each case deserves the time and attention necessary to bring the case to an appropriate result. If your lawyer failed to properly handle your personal injury claim, contact our office today to discuss your potential legal malpractice options.

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