Examples Of Legal Malpractice In Michigan
When people hire attorneys, they trust that their legal matters will be handled with care, competence, and loyalty. Unfortunately, there are situations where an attorney may fail to meet the standards required under Michigan law, causing serious harm to the client. As Michigan attorneys, we know how devastating it is when legal malpractice occurs, especially in cases involving car accidents and personal injury.
Victims may lose the chance to recover fair compensation, miss critical deadlines, or face unnecessary legal penalties. That is why understanding what constitutes legal malpractice is so important for anyone who relies on legal representation. In Michigan, legal malpractice is not simply a matter of dissatisfaction with the outcome of a case, it requires showing that an attorney breached a recognized duty, and that the client suffered damages as a result.
Understanding Legal Malpractice Under Michigan Law
Legal malpractice in Michigan is generally based on negligence principles. Under Michigan law, an attorney owes clients a duty to act with reasonable skill, diligence, and loyalty. The Michigan Supreme Court has recognized that attorneys must provide the same level of professional care that other attorneys practicing in the same field would provide. If an attorney fails in this duty and causes harm, they may be held accountable for legal malpractice. Michigan Compiled Laws MCL § 600.2912 governs professional negligence claims, and while it is most often cited in medical malpractice, similar principles apply to attorneys under Michigan common law.
In car accident and injury cases, malpractice can have especially damaging effects. For example, failing to file a lawsuit before the statute of limitations expires under MCL § 600.5805(2) (three years for most personal injury actions) can completely eliminate a client’s ability to recover damages. These deadlines are not flexible, and missing them is one of the clearest examples of malpractice in Michigan.
Examples Of Legal Malpractice In Michigan Car Accident And Injury Cases
Several recurring issues can give rise to malpractice claims in Michigan, especially in auto accident and personal injury matters:
Failure To File Within The Statute Of Limitations
As mentioned, MCL § 600.5805(2) requires that most personal injury cases be filed within three years. If an attorney fails to act within this time, the client loses all rights to seek damages, no matter how strong the case may have been.
Failure To Investigate Or Present Evidence
Michigan’s no-fault auto insurance laws, codified in MCL § 500.3101, allow injured motorists to pursue benefits and damages. Attorneys who fail to gather critical evidence—such as police reports, medical records, or witness statements—can prevent their clients from establishing liability or proving damages. This failure may amount to malpractice if it significantly weakens the case.
Conflicts Of Interest
Attorneys must follow ethical duties under the Michigan Rules of Professional Conduct. Representing both sides of a dispute, or failing to disclose a financial interest that impacts judgment, can harm a client and form the basis of a malpractice claim.
Miscalculating Damages Or Failing To Pursue Claims
Under Michigan’s comparative negligence statute, MCL § 600.2959, damages may be reduced if the injured party is partially at fault. An attorney who fails to properly calculate damages, pursue available insurance coverage, or account for comparative negligence may leave their client with less compensation than they deserve.
Improper Legal Advice Or Failure To Communicate
Michigan law requires attorneys to keep clients informed and to act in their best interest. Giving advice that directly contradicts Michigan statutes or failing to communicate settlement offers can amount to malpractice if it causes financial harm.
Ramifications Of Legal Malpractice For Michigan Clients
The consequences of legal malpractice extend far beyond frustration with a lawyer. In Michigan, malpractice may mean losing the right to sue for personal injury, receiving a drastically reduced settlement, or being saddled with unnecessary legal fees. Clients may also suffer additional stress, lost wages, or medical expenses because their cases were not handled properly. To recover damages in a malpractice claim, the client must prove that the attorney’s conduct fell below the standard of care, that the outcome would have been different with competent representation, and that the client suffered actual harm. This often requires presenting expert testimony and evidence showing what a competent attorney would have done in the same situation.
Frequently Asked Questions About Legal Malpractice In Michigan
What Is The Legal Definition Of Malpractice In Michigan?
Legal malpractice occurs when an attorney fails to meet the professional standard of care required under Michigan law and that failure directly causes harm to the client. This can include missing deadlines, mishandling evidence, providing incorrect advice, or breaching fiduciary duties. The Michigan Rules of Professional Conduct provide guidance on attorney obligations, while Michigan case law outlines the negligence standard applied to malpractice claims.
Can I Sue My Attorney For Missing A Filing Deadline In Michigan?
Yes. If your attorney missed a deadline set by Michigan law, for example, your attorney missed the three-year personal injury statute of limitations under MCL § 600.5805(2). In those cases, you may have a malpractice claim. The challenge in these cases is proving that, had the deadline been met, your case would likely have resulted in compensation. Courts look closely at the strength of the underlying case when deciding malpractice lawsuits.
Does A Bad Outcome Mean My Lawyer Committed Malpractice?
Not necessarily. Losing a case or receiving less compensation than expected does not automatically mean malpractice occurred. To succeed in a malpractice claim in Michigan, you must show that the attorney’s conduct was below the professional standard and that this directly caused financial harm. Many cases are lost despite competent representation, which is why proof of negligence and causation is critical.
How Long Do I Have To File A Legal Malpractice Claim In Michigan?
Michigan’s statute of limitations for legal malpractice is generally two years from the date the malpractice occurred, under MCL § 600.5805(8). However, clients may also have up to six months from when they discovered—or should have discovered—the malpractice. It is important to act quickly, as waiting too long can bar your claim.
What Damages Can I Recover In A Legal Malpractice Lawsuit?
Damages depend on the harm caused by the malpractice. In Michigan, clients may be able to recover the value of the case they lost, additional costs incurred, or even compensation for lost wages and medical bills that should have been covered in the underlying personal injury claim. The key is proving that, with proper legal representation, the result would have been more favorable.
Can Malpractice Happen In Car Accident Settlements?
Yes. Malpractice can occur if an attorney fails to properly calculate future medical expenses, ignores wage loss benefits under Michigan’s no-fault law, or pressures a client into accepting an unfair settlement. These mistakes can leave injured clients without the financial support they need for long-term recovery.
Call Our Legal Malpractice Attorneys For Exceptional Representation
If you believe your case was mishandled by an attorney in Michigan, you do not have to face the consequences alone. At Ravid & Associates, P.C., we have fought for clients across Detroit and throughout the state when malpractice and attorney negligence caused lasting harm. We understand Michigan car accident and injury laws, and we know how to evaluate whether your former lawyer failed to protect your rights.
Contact our Detroit legal malpractice attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. From our office in Southfield, we proudly represent clients in Detroit and across Michigan. Your future should not be defined by another attorney’s mistakes. We are here to help you pursue the justice and compensation you deserve.
