"Legal malpractice means that your attorney has been negligent when providing legal advice or representation. Legal Malpractice Experts who handle legal malpractice claims can represent you in legal malpractice lawsuits against your former attorney(s), if you believe misconduct in your case that has caused harm to your position. In a legal malpractice case, it must be shown that – in dealing with clients, other attorneys, and/or the courts – an attorney failed to demonstrate the skill and care that could be expected from a lawyer in similar circumstances.
The most common mistakes that can result in a legal malpractice claim are:
* Failure to know the law: not knowing/observing a deadline, Inadequate Investigation, Conflict of Interest
* Failure to inform client or get a client's consent; failure to follow client instructions
* Administrative errors: failure to calendar events; failure to file; clerical error
A Legal Malpractice Lawsuit is brought about to hold a lawyer accountable and at the same time, to secure appropriate compensation for your losses and suffering. Since a Statute of Limitations may apply to legal malpractice lawsuits, the victim or the victim's loved ones should file a complaint as soon as possible.
To be successful in a legal malpractice lawsuit and win a legal malpractice settlement, you (the plaintiff) must typically prove:
* The existence of an attorney-client relationship;
* Negligence in the legal representation of the plaintiff;
* That the negligence was a proximate cause of an injury;
* The fact and extent of the injury alleged.
After an attorney-client relationship has been proven, you must establish the "standard of care" which governed the legal representation, and show that the attorney violated that standard of care; quite often an expert witness will help determine standard of care. Next, you must show an injury as a proximate result of the lawyer's negligence (misconduct). Lastly, you need to show that damages actually were suffered as a result of the legal malpractice, and the nature and amount of those damages.
If legal malpractice damages that resulted from the legal malpractice cannot be established, the case will generally be dismissed." ~ Source: LawyersAndSettlements.com
For more information regarding malpractice lawsuits, contact Ken Nugent, Georgia Medical Malpractice Attorney.
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