Atlanta Legal Malpractice Attorney
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How to File a Legal Malpractice Claim
If you want to file a legal malpractice case, you should first consult with a veteran legal malpractice attorney. Your attorney will give you an objective opinion regarding the strength of your case. If you have a valid claim, your lawyer will conduct a thorough investigation, gather evidence on your behalf, and explain how they will seek to secure you compensation.
The next step is to prepare the legal malpractice complaint, which must be properly filed in a court that has jurisdiction over the matter. If you hired the negligent attorney in the same county where you live, then you should file your lawsuit in that county. The complaint states who you are, who the defendant is – in this case, the allegedly negligent lawyer – and the basis for your claim of malpractice. The complaint will describe what your previous lawyer did wrong and identify the compensation you wish to obtain. A legal malpractice attorney will ensure your complaint is clear and accurate, properly filed, and properly served upon the defendant, along with a supporting affidavit from an attorney that is prepared to testify that your former attorney committed malpractice.
If you hire our firm to file and serve your complaint, we will represent you throughout the life of your case. We will take full advantage of the discovery process to obtain evidence that supports your case. During that time, we may be able to negotiate a legal malpractice settlement for you with the negligent attorney’s malpractice insurer carrier. If not, we are prepared to fight for your compensation at trial.
Elements of Legal Malpractice Cases
If you wish to pursue compensation from your prior negligent lawyer, then you need to understand the elements you must prove in court:
- You and the defendant had an attorney-client relationship.
- The defendant failed to exercise ordinary care, skill, and diligence in your case.
- The defendant’s action, or lack of action, is responsible for your injury, such as losing your case.
- If the defendant had obtained a successful outcome, you would have collected a monetary award.
You must be able to prove that your attorney not only did something wrong, but that you also were harmed or lost your opportunity to recover compensation because of their errors. In most circumstances, that means the attorney lost the case. However, it could also mean that you obtained a settlement, yet it was significantly lower than it should have been. To learn more about pursuing a legal malpractice lawsuit, contact Allen, Bills & Scofield, Injury Lawyers today.
Legal Malpractice Damages
The damages you might receive from a legal malpractice claim depend upon the facts of your legal malpractice case and the facts of your prior case that your former attorney mishandled. If your previous lawyer lost your case, and a jury determines they were negligent, then you will typically receive damages that are comparable to what you would have obtained if you won your prior case. If your previous loss caused you to have to pay someone else, then you might be able to seek reimbursement for the money you paid the other party. You might also ask for your court expenses and legal fees that you paid the negligent lawyer and those you incurred hiring a new attorney to represent you in this matter.
Additionally, if there is evidence that your previous lawyer’s actions were grossly negligent or egregious, you might be able to recover punitive damages. Punitive damages are designed to punish the wrongdoer.
Legal Malpractice Statute of Limitations
The window of time that you have to file a legal malpractice case in Georgia depends upon the type of loss you suffered. If you claim that your previous attorney breached your representation contract, then you may have four or six years to file your lawsuit. However, if you are alleging professional negligence based upon tort law, then your statute of limitations may only be two or four years.
You should speak with an experienced and highly-skilled legal malpractice lawyer as soon as you think you may have a claim because there are so many different statutes of limitation in Georgia.
Contact Allen & Scofield Injury Lawyers, LLC Today
If you lost your case or obtained only a minimal settlement after a personal injury or wrongful death claim, and you believe it is because of your previous attorney’s misconduct, contact us at Allen & Scofield Injury Lawyers, LLC. We have decades of experience handling legal malpractice claims. We are here to listen to your story, thoroughly investigate what happened, and advise you regarding whether you have a valid legal malpractice case.
Perhaps, your attorney won your case, yet mismanaged or appropriated your settlement funds. If you did not receive any or all of the money you should have after your case, call us immediately at (404) 419-6674. You can also contact us through our online form, and we will get back to you as soon as possible to schedule a free consultation.
We represent individuals who have been wronged by their lawyers in Atlanta, Fulton County, DeKalb County, Clayton County, Gwinnett County, Cobb County, and throughout Georgia.