Frequency of Legal Malpractice in Personal Injury Cases

February 4, 2013

Legal Malpractice

legal malpractice Do you believe that your legal case did not go well because of something your attorney did or failed to do?  If so, you have the right to seek compensation if your case was dismissed or if your lawyer failed to do his or her job properly.  A consultation with an experienced Ohio legal malpractice attorney will help you decide if you should pursue a malpractice case against a lawyer.

Did you know that 25 percent of legal malpractice occurs in personal injury cases?  The following list contains examples of legal malpractice:

  • Failure to timely start a law suit
  • Failure to file all necessary papers with the court
  • Failure to sue the proper parties
  • Failure to properly investigate your claim
  • Failure to properly serve legal papers
  • Failure to obtain proper expert witnesses
  • Failure to comply with discovery orders or to use adequate discovery
  • Failure to comply with court-imposed time deadlines
  • Failure to obtain client’s consent before signing document
  • Making errors during trial or during pre-litigation
  • Forcing client to settle because of lawyer’s lack of preparation or conflict of interest or forcing out-of-court settlement due to attorney’s lack of preparation or experience
  • Client being sued because lawyer drafted improper document
  • Attorney settled below policy limits without adequate justification
  • Lawyer “dumped” case just before statute of limitations ran out
  • Any negligent or wrongful action that unjustly harmed client

To be able to prove legal malpractice,the client must show:  there was an attorney-client relationship, in other words, a fiduciary relationship existed between the attorney and the client and the attorney owes the client a duty or a minimum standard of service.  The client must also  show his lawyer failed to perform the duties owed to the client AND that the lawyer’s misrepresentation caused harm to the client and was the proven result of legal malpractice.

Another consideration in suing for malpractice is whether the attorney has malpractice insurance.  As a general rule, an attorney in Ohio is not required to have this insurance, but must inform his client if he does not have it.  Some have the insurance but it does not cover such things as fraud, theft, or willful injury.  If a lawyer does not have any insurance, this may preclude recovery for the client, but he or she should consult a legal malpractice attorney as there may be other options.

If you believe you have been injured as a result of your lawyer’s conduct, it is important to discuss the facts of your case with a legal malpractice lawyer skilled at evaluating legal malpractice claims.  The law firm of Slater & Zurz LLP serves clients in all areas of Ohio from offices in Akron, Canton, Cleveland and Columbus, Ohio.

Because the statute of limitations is short (one year), it is important not to delay if you believe that you have experienced legal malpracticeContact the Ohio legal malpractice lawyers at Slater & Zurz LLP by calling 1-888-534-4850 or go to www.slaterzurz.com and fill out the FREE CASE REVIEW at the top right hand side of the web site.

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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