People often misunderstand legal malpractice. Many people think they can claim malpractice if they didn’t like the outcome of their case, but that is not true. There are actually some strict requirements a case must meet to prove legal malpractice occurred, and the points of a case have to do with the lawyer’s actions and handling of the case, not the outcome.
The American Bar Association explains that one key factor to a legal malpractice case is that you must prove the attorney was negligent. Negligence is proven by showing that most attorneys would not have made the same decisions or actions as your attorney. In other words, the actions of your attorney don’t make sense according to general legal professional standards.
To prove your case, you also must show you suffered damage. You must show that this damage was significant as well.
While this may seem simple, it can be complex. You will have to show that because of your attorney’s actions you suffered and there were damages caused that if the attorney had acted in a different way would not have happened. So, it is not enough to show that had your attorney not missed a deadline that he or she would have been able to enter evidence into the record. You must also show that by having that evidence, it is likely that the outcome of your case would have been in your favor.
When it comes to significance, you need to show that the damage were meaningful. For example, losing your case and therefore losing the award in a personal injury case would be significant. One thing to keep in mind, though, is that when you hire a malpractice lawyer Detroit and file your case, it can cost quite a bit of money. The loss you suffered needs to be worth the money you will spend on your case.
A legal malpractice case is a serious situation. It takes a lot of time and money. Make sure before you file that you have the ability to prove your case.