Everyone makes mistakes, and sometimes even lawyers make mistakes. Sometimes though, when lawyers make mistakes there are consequences. Legal Malpractice Denver is more common than you think. If you believe you are the victim of legal malpractice, then there are a few things to consider, and specific people to call.
What is Legal Malpractice?
If you lost money because of how your lawyer handled your case, then you may be able to sue for legal malpractice. In order for the case to be truly considered legal malpractice, your lawyer needs to have made a mistake that prevented you from winning your case. Basically, if they would have not made the mistake they did, you would have won.
How to Prove Legal Malpractice?
Proving legal malpractice is not as easy as it sounds. You cannot simply state your lawyer made a mistake. You will need to show — and prove — that the lawyer made a mistake that caused you financial loss. It also needs to be proven that the financial loss would not have occurred if they did not blatantly make a mistake.
If You Believe You Have a Legal Malpractice Case…
If you want to sue for legal malpractice, you will need to find a new lawyer and do it as quickly as you can. This is because you will be fighting a lawyer, and the most common defense in these cases is “why did you wait so long to sue?”
There are a few questions you should ask yourself before pursuing a legal malpractice case.
Does the Lawyer Have Funds If You Win?
Since a legal malpractice case is often expensive, you need to confirm that the lawyer either has malpractice insurance, or they have a monetary means to pay you if you win. Otherwise, you may not see a cent.
Was The Lawyer Negligent?
Speak with your new lawyer to determine if they were truly negligent. Realize that, sometimes after the fact, a decision may look foolish, but could not have been realized beforehand. Unless you are paying the best of the best to represent you, attorneys must act consistently with the community standard of care. This means that every mistake is not considered negligence, after all, we are all human.
Did The Lawyer’s Mistake Cause You Damage?
Sometimes, even if your lawyer made a mistake that was frustrating, annoying, or just a stupid move, it does not mean you were injured. Even if you lost your case, you might have lost it anyway despite the one mistake they made. In order to win this case, you have to prove as a direct result of their actions, they blew the case.
For example: If your lawyer did not file the lawsuit before the statute of limitations expired, you may feel you have a legal malpractice case. The trouble is that you have to prove beyond all reasonable doubt that you would have won the case if it was filed on time.
Legal malpractice is a frustrating situation, but you must call a lawyer to confirm that you truly have a case, or you will only be wasting your time and money.