What Happens When A Personal Injury Lawyer Screws Up Your Case?
Hiring a personal injury lawyer is a serious decision. When someone has been injured in a car crash or another accident, they rely on their lawyer to protect their rights, pursue compensation, and handle deadlines and procedures properly. But what happens when the lawyer fails to do the job? The consequences can be devastating. A missed filing deadline, poor communication, bad advice, or negligent handling of evidence can cause a strong case to fall apart.
We’ve worked with clients across Michigan who came to us after their previous attorney made serious mistakes. Michigan law does provide a path forward in these situations, but it’s important to act quickly. Legal malpractice cases are complex and time-sensitive. In this post, we’ll explain the legal process and what steps may be available when a personal injury lawyer mishandles a case.
Common Ways Personal Injury Lawyers Mishandle Cases
We’ve seen many different types of legal mistakes that have harmed injured clients. Some of the most serious include:
- Failing to file a lawsuit before the statute of limitations expires
- Ignoring court deadlines or discovery requests
- Pressuring clients into accepting unfair settlements
- Failing to investigate liability or gather critical evidence
- Not returning calls or keeping clients informed.
- Settling a case without full disclosure or client consent
In Michigan, a personal injury lawsuit must be filed within 3 years of the accident under MCL 600.5805(2). If a lawyer misses this deadline, the case may be dismissed entirely, and the injured person may lose the chance to recover any compensation.
Legal Malpractice Under Michigan Law
When a lawyer’s negligence causes a client financial harm, that client may have a claim for legal malpractice. Under Michigan law, a legal malpractice claim must show four key elements:
- An attorney-client relationship existed.
- The attorney acted negligently or breached a duty.
- The negligence caused actual harm.
- The client would have won the underlying case if not for the mistake.
The statute that governs legal malpractice claims in Michigan is MCL 600.5805(8), which provides a two-year window from the date the malpractice occurred or from the date the malpractice was discovered, whichever is later. Missing this deadline can make it impossible to recover for the harm done.
Can You Sue Your Lawyer For Mishandling A Personal Injury Case?
Yes. If a lawyer’s mistake caused the loss of your injury claim, it may be possible to sue them for legal malpractice. However, these cases are not easy. The court will require proof not only that the lawyer made a serious mistake, but also that the original personal injury case would likely have resulted in compensation if the lawyer had done the job correctly.
We often refer to this as a “case within a case.” We must prove two things:
- That the personal injury lawyer breached their duty
- That the client had a strong underlying case that was lost because of the lawyer’s actions
What Compensation Can Be Recovered?
In a legal malpractice case tied to a personal injury matter, the damages are typically the amount the client would have received if the original case had been handled properly. This can include:
- Medical expenses
- Lost wages
- Pain and suffering damages
- Future economic losses
In some situations, additional damages for emotional distress or punitive damages may be available, depending on the facts of the case. We work with economic experts to quantify what was lost and ensure those numbers are backed by evidence.
What To Do If A Lawyer Messed Up A Personal Injury Case
If there’s any suspicion that a lawyer made a serious error, it’s important to act quickly. We recommend gathering the following:
- A full copy of the client file, including all communications
- Any court documents or filings
- Medical records and billing statements
- A copy of the settlement agreement (if any)
- A timeline of the case events
We review the full case history and investigate whether the original claim could have been successful. If the answer is yes, and if legal malpractice can be shown, we move forward with building a new case against the negligent attorney.
Why Clients Turn To Us After A Lawyer Failed Them
When someone has already had a bad experience with an attorney, they deserve a team that will do things differently. We stay directly involved with every case, respond to questions quickly, and handle all steps of the process ourselves. Legal malpractice cases require careful planning and attention to detail. We take that responsibility seriously.
Frequently Asked Questions About Legal Malpractice And Personal Injury Cases
Can I Sue My Personal Injury Lawyer For Missing A Deadline?
Yes. If your case was dismissed because your lawyer failed to file the lawsuit on time, that may be considered legal malpractice. Michigan law requires that most injury cases be filed within three years under MCL 600.5805(2), and failing to meet that deadline without justification may create liability for the attorney.
How Long Do I Have To Sue A Lawyer For Malpractice In Michigan?
Under MCL 600.5805(8), a malpractice claim must be filed within two years of the alleged malpractice or within six months of discovering the issue—whichever is later. That’s why it’s critical to speak with a new attorney right away if you suspect something went wrong.
What Happens If My Lawyer Settled Without Telling Me?
Settling a case without the client’s knowledge or consent is a serious violation. If this happened, the settlement could potentially be challenged, and the lawyer could be sued for malpractice and professional misconduct.
Can I Sue A Lawyer For Giving Bad Advice?
It depends. Not every mistake is malpractice. But if the advice was clearly wrong under the law and caused you to lose money or your case, you may have grounds for a legal malpractice claim.
Do I Still Have A Case If My Lawyer Screwed Up My Personal Injury Claim?
You may. Even if the original injury case was dismissed, we can investigate whether a legal malpractice claim is possible. If the original case had merit and was lost because of the attorney’s conduct, you may be able to recover compensation through a new claim.
What Kind Of Evidence Do I Need To Prove Malpractice?
Useful evidence includes written communications with your lawyer, copies of any legal filings, medical records, and a detailed timeline of events. We use these materials to evaluate the underlying injury case and determine whether the attorney’s actions caused you harm.
Call Ravid & Associates, P.C. If A Lawyer Mishandled Your Injury Case
If a personal injury lawyer made mistakes that cost you your case, legal options may still be available. Our legal team takes these matters seriously and will fight for fair compensation when another attorney failed to protect your rights.
We represent clients in Detroit and across the state of Michigan from our Southfield office. To speak with a legal malpractice and injury attorney today, contact our Detroit personal injury lawyer at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation.
