How do I prove a legal malpractice case?

In any legal action, particularly lawsuits, somebody wins, and somebody loses. If you are the loser, you may begin to wonder whether you had the best representation. But anger over losing is not a good reason to initiate a legal malpractice suit in Florida.

Tampa Bay Online explains that, while attorneys are expected to take the actions of any other reasonably careful lawyer, perfection is not and cannot be a requirement of a legal representative. A malpractice suit against an attorney must be able to prove four things:

  • That you are engaged in or meant to benefit from, an attorney/client relationship.
  • Your lawyer failed to act reasonably by committing an error or by failing to take some action.
  • Your attorney’s mistake or failure to act contributed significantly to your damage or injury.
  • That you did indeed suffer loss, injury or damage.

First, you must show that if your attorney had not been mistaken or negligent, you would have won your case. That is a tough thing to prove by itself. But the fourth and final point is the most significant obstacle to overcome in a malpractice case. You must also show that you would have received damages from the defendant, or that the defendant was able to pay the costs. If a defendant is unable to pay injuries, the court may consider your case “null and void.” In other words, you would not have collected damages anyway, so no actual harm was done, despite your attorney’s negligence.

If you feel your case was mishandled, you may want to consider seeking legal advice, even if the case is ongoing. A legal malpractice case is a complicated issue, and there is a two-year statute of limitations on the filing.

This article contains valuable information about legal malpractice that is general in nature. It is not intended as legal advice.

No Comments

Leave a comment
Comment Information
Email us for a response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contextual

Contact

Jacksonville Office
1300 Riverplace Boulevard
Suite 401
Jacksonville, FL 32207

Toll Free: 866-542-1996
Phone: 904-396-1996
Fax: 904-396-1991
Map & Directions

Miami Office
1395 Brickell Avenue
Suite 800
Miami, FL 33131

Phone: 305-200-8674
Phone: 305-200-8675
Fax: 305-200-8801
Map & Directions

West Palm Beach - By Appointment Only
301 Clematis Street
Suite 300
West Palm Beach, FL 33401

Phone: 561-832-5991
Fax: 561-832-5985
Map & Directions

Panama City Office
305 Cherry Street
Panama City, FL 32401

Phone: 850-481-1386
Fax: 850-640-1247
Map & Directions

Tampa Office
10150 Highland Manor Drive
Suite 200
Tampa, FL 33610

Fax: 813-314-2163
Map & Directions