What Counts As Legal Malpractice In Michigan?
When we agree to represent someone injured in a Michigan car accident, we take on a serious duty. Our clients depend on us to protect their rights, pursue compensation, and guide them through Michigan’s complex personal injury laws. Legal malpractice occurs when an attorney fails to meet the standards required by law, causing real harm to the client. These failures can take many forms, ranging from missing critical filing deadlines to mishandling evidence.
In Michigan, a legal malpractice claim must show that the attorney’s mistakes caused the client to lose an opportunity they otherwise would have had. Because car accident and injury cases are often governed by strict statutory deadlines, the consequences of malpractice can be devastating for those who are depending on a recovery to cover medical expenses, lost income, and long-term care needs.
Defining Legal Malpractice Under Michigan Law
In Michigan, legal malpractice is treated as a professional negligence claim. To prove malpractice, the injured client must demonstrate four elements:
- The existence of an attorney–client relationship
- A breach of the attorney’s duty of care
- That the breach caused harm
- Actual damages suffered as a result
Michigan courts have long recognized these elements as the foundation of a malpractice case, with MCL § 600.5805(8) establishing the statute of limitations for malpractice claims. In most situations, a client has two years from the date of the negligent act to bring a claim, or six months from when they reasonably should have discovered the malpractice. These strict deadlines mean that if an attorney misses a filing in a personal injury lawsuit, a client could lose the chance to recover damages for their car accident injuries altogether.
Common Examples Of Legal Malpractice In Car Accident And Injury Cases
Legal malpractice can arise in different ways, but certain patterns appear frequently in Michigan personal injury cases. One of the most serious mistakes occurs when an attorney misses Michigan’s filing deadlines under MCL § 600.5805(2), which generally provides a three-year window to file negligence actions such as auto accident lawsuits. If a lawyer fails to file within that time frame, the client’s case is usually barred forever.
Other examples include failing to properly present medical evidence, not pursuing all available insurance coverage, or mishandling settlement negotiations. For instance, Michigan’s No-Fault Act, MCL § 500.3101, requires attorneys to be diligent in securing Personal Injury Protection (PIP) benefits. If a lawyer overlooks critical PIP claims, a client may lose access to lifetime medical expense coverage and wage-loss benefits. Each of these errors could form the basis of a malpractice claim if the client can prove they lost compensation due to the lawyer’s missteps.
The Role Of Causation In Michigan Malpractice Cases
It is not enough to show that a lawyer made a mistake. Under Michigan law, a client must also demonstrate that the attorney’s error directly caused harm. This is often referred to as the “suit within a suit” requirement. The client must prove that if the lawyer had acted correctly, the underlying car accident or injury case would have resulted in a better outcome.
For example, if an attorney fails to sue the at-fault driver within the three-year statute of limitations, the client must show that the lawsuit would have been successful if filed on time. Michigan courts require this showing to ensure malpractice claims are based on genuine harm rather than speculation.
Damages In Michigan Legal Malpractice Cases
When a malpractice claim is successful, clients can recover damages equal to what they lost due to their attorney’s negligence. In a car accident context, this often means the value of the injury case that was mishandled. If a client’s underlying case could have yielded $250,000 in damages but was dismissed due to an attorney’s error, the malpractice case could potentially recover that amount.
It is important to note that emotional distress alone is usually not enough to support a malpractice claim in Michigan. The damages must be tied to measurable financial harm, such as lost compensation for medical bills, lost wages, or pain and suffering.
Why Legal Malpractice Cases Are Complex In Michigan
Legal malpractice claims require both a strong understanding of Michigan negligence law and an ability to prove what would have happened in the original case. This often requires testimony from other attorneys, review of case records, and expert evaluations. Courts scrutinize these claims closely because they involve second-guessing prior cases.
As attorneys focused on Michigan accident and injury law, we understand the importance of diligence and precision. We also know how devastating it can be for someone injured in a crash to discover that their attorney’s mistakes cost them the ability to recover. That is why we believe it is essential to explain the duties attorneys owe to their clients and how legal malpractice is defined under Michigan law.
Frequently Asked Questions About Michigan Legal Malpractice
What Is The Deadline To File A Legal Malpractice Claim In Michigan?
Under MCL § 600.5805(8), clients generally have two years from the date of the alleged malpractice to file a claim. However, Michigan also provides a six-month discovery rule. If a client discovers the malpractice later, they have six months from the time they reasonably should have discovered it to bring their claim. Missing these deadlines usually means losing the right to sue.
Can I Sue My Attorney For Losing My Car Accident Case?
Yes, but only if you can show that your attorney’s negligence directly caused the loss. If your attorney acted reasonably but the case was dismissed for reasons outside their control, that does not count as malpractice. You must prove that the attorney’s specific error caused you to lose compensation you otherwise would have received.
What If My Lawyer Failed To File My Michigan Auto Accident Lawsuit On Time?
If your attorney failed to file within the three-year statute of limitations for negligence under MCL § 600.5805(2), you may have a malpractice claim. You would need to prove that your lawsuit would have succeeded had it been filed on time and that your attorney’s failure directly cost you damages.
Can I Recover Damages For Emotional Distress Caused By My Lawyer’s Negligence?
Michigan generally requires financial harm to support a malpractice claim. Emotional distress alone is not usually enough. However, if your attorney’s negligence caused you to lose the opportunity to recover damages in your car accident case, the financial losses associated with that dismissal can form the basis of your claim.
How Do Michigan’s No-Fault Laws Impact Legal Malpractice In Accident Cases?
Because Michigan’s No-Fault Act (MCL § 500.3101) provides important benefits such as medical expense coverage and wage-loss benefits, attorneys must act quickly to secure those benefits for their clients. If a lawyer fails to pursue valid PIP claims or mishandles the no-fault process, the client may lose lifetime medical coverage or critical wage benefits. This can support a malpractice case if the client can show they would have received those benefits with competent legal representation.
Call Ravid & Associates, P.C. For A Free Consultation
At Ravid & Associates, P.C., we know how devastating it can be when a trusted attorney makes a mistake that costs you your rights. As Detroit car accident lawyers, we fight for clients who have already been injured and cannot afford to suffer again because of legal malpractice.
If you believe your attorney mishandled your car accident or injury case in Michigan, call us today. We represent clients in Detroit and across the state from our office in Southfield, Michigan.
Contact our Detroit legal malpractice attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. Let us fight to protect your valuable legal rights.
