What To Do If You Suspect Legal Malpractice In Your Injury Case
When we hire an attorney for a personal injury case, we trust them to act in our best interests. Lawyers have a duty to provide competent and ethical representation, but when they fail to do so, the consequences can be serious. Legal malpractice occurs when an attorney’s negligence or misconduct harms a client’s case. If a lawyer’s actions caused you to lose compensation in your injury case, you may have grounds for a legal malpractice claim. Michigan law provides a process for holding attorneys accountable, but proving legal malpractice requires strong evidence and a thorough understanding of the law.
What Is Legal Malpractice?
Legal malpractice occurs when an attorney fails to meet the standard of care expected in the legal profession, causing harm to a client. Under MCL 600.2912, a successful malpractice claim must prove:
- The attorney had a duty to provide competent legal representation.
- The attorney breached that duty through negligence or misconduct.
- The breach caused harm to the client.
- The client suffered damages as a result.
Not every mistake rises to the level of legal malpractice. For a claim to be valid, the attorney’s actions must have directly impacted the outcome of the case, leading to financial loss.
Common Forms Of Legal Malpractice In Injury Cases
Missed Deadlines
Attorneys must file lawsuits and legal documents within specific deadlines. Under MCL 600.5805, Michigan’s statute of limitations for personal injury cases is three years from the date of injury. If a lawyer fails to file within that time, the case may be dismissed, preventing the client from recovering compensation.
Failure To Properly Investigate Or Prepare
A personal injury lawyer must conduct a thorough investigation, gather evidence, and build a strong case. If an attorney fails to interview witnesses, obtain medical records, or hire necessary experts, the case may suffer. This negligence can lead to a lower settlement or a lost lawsuit.
Conflicts Of Interest
Lawyers must avoid representing clients when conflicts of interest exist. If an attorney prioritizes another client’s interests over yours or has a personal relationship that affects their representation, it may constitute legal malpractice.
Poor Communication And Misrepresentation
An attorney must keep their client informed and provide honest legal advice. If a lawyer misrepresents the status of a case, fails to communicate important updates, or pressures a client into accepting a low settlement without explanation, these actions may be grounds for a malpractice claim.
Mishandling Settlement Funds
If a lawyer improperly handles settlement money, fails to distribute funds as agreed, or withholds client funds, this could lead to disciplinary action and legal consequences under MCL 600.2912.
Steps To Take If You Suspect Legal Malpractice
Review Your Case
The first step is reviewing your case to determine whether your attorney made a critical error. Gather all communications, contracts, court filings, and any documents related to your injury case. Identifying specific mistakes or negligence helps establish whether malpractice occurred.
Seek A Second Opinion
Consulting another attorney provides an objective review of your case. A new attorney can assess whether your original lawyer made serious errors and whether you have a valid malpractice claim.
Request Your Case File
Under Michigan law, clients have the right to request their case file from their attorney. Reviewing these documents can help determine if the lawyer failed to perform necessary legal work, missed deadlines, or engaged in misconduct.
File A Complaint With The Michigan Attorney Grievance Commission
If an attorney acted unethically, you can file a complaint with the Michigan Attorney Grievance Commission (AGC). The AGC investigates allegations of attorney misconduct and may impose disciplinary action. While this process does not provide financial compensation, it holds attorneys accountable for unethical behavior.
Consider Filing A Legal Malpractice Lawsuit
If an attorney’s negligence caused financial harm, filing a malpractice lawsuit may be the best course of action. Under MCL 600.5838, legal malpractice claims in Michigan must be filed within two years of the attorney’s misconduct or within six months of discovering the malpractice. If successful, a lawsuit can provide compensation for the financial losses caused by the attorney’s errors.
Proving Legal Malpractice In Michigan
To win a legal malpractice lawsuit, you must show that:
- The Attorney-Client Relationship Existed – You must prove that the attorney was responsible for handling your case.
- The Attorney Acted Negligently – There must be evidence that the attorney failed to meet professional standards.
- The Negligence Harmed Your Case – You must prove that the attorney’s mistakes caused financial loss.
- You Would Have Won The Original Case – The court must believe that you would have received compensation if the attorney had properly handled your case.
Because proving malpractice is complex, working with an attorney experienced in legal malpractice cases is crucial.
Frequently Asked Questions About Legal Malpractice In Michigan
What Should I Do If My Lawyer Missed The Statute Of Limitations In My Injury Case?
If an attorney fails to file your case within Michigan’s three-year statute of limitations for personal injury claims, you may no longer be able to recover compensation. This is one of the most serious forms of legal malpractice. You may have the right to file a malpractice lawsuit to recover the damages lost due to the missed deadline.
Can I Sue My Lawyer If They Encouraged Me To Accept A Low Settlement?
Not every low settlement is the result of legal malpractice, but if your attorney pressured you into accepting a settlement without explaining your options, providing proper legal advice, or misrepresenting the value of your case, you may have grounds for a claim. Reviewing your case with another attorney can determine whether your lawyer acted negligently.
How Do I Prove That My Lawyer’s Mistakes Cost Me My Case?
Proving legal malpractice requires showing that your attorney’s negligence directly impacted the outcome of your injury case. This often involves demonstrating that if the attorney had acted competently, you would have won your case or received a higher settlement. A new attorney can review your case and provide an opinion on whether malpractice occurred.
Can I File A Legal Malpractice Claim If My Attorney Failed To Present Key Evidence?
If an attorney fails to investigate, gather medical records, call witnesses, or present key evidence that could have strengthened your injury case, this may be considered malpractice. Courts will look at whether the lack of evidence caused the case to be lost or resulted in reduced compensation.
What If My Lawyer Stopped Communicating With Me About My Case?
Attorneys are required to keep clients informed about the status of their cases. If your lawyer consistently ignored your calls, failed to update you, or misled you about the progress of your case, this could be grounds for a malpractice claim. Documenting communication issues and consulting another attorney can help determine your options.
How Long Do I Have To File A Legal Malpractice Lawsuit In Michigan?
Under MCL 600.5838, you must file a legal malpractice lawsuit within two years of the attorney’s misconduct or within six months of discovering the malpractice. If you wait too long, you may lose the right to seek compensation.
Can I Recover Financial Compensation In A Legal Malpractice Lawsuit?
If a legal malpractice lawsuit is successful, you may recover the financial losses caused by your attorney’s negligence. This includes compensation that you would have received in your injury case if your attorney had acted properly.
Contact Ravid & Associates, P.C. If You Suspect Legal Malpractice
If you believe your attorney mishandled your injury case, taking action is critical. Legal malpractice can result in lost compensation and serious financial consequences. At Ravid & Associates, P.C., we hold negligent attorneys accountable and fight to recover damages for clients who have been wronged.
If you suspect legal malpractice, contact our Detroit legal malpractice lawyers at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We represent clients in Detroit and throughout Michigan from our Southfield office. Let us help you determine whether legal malpractice occurred and pursue the compensation you deserve.
