Legal Malpractice Cases in Florida
After investigating and assessing your malpractice claim, we will let you know if we are willing to pursue your potential claim on your behalf and if we believe you have a valid title error claim. Our representation is almost always on a contingency fee basis. That is, we accept as fees a percentage of any financial recovery that you can obtain either by settlement or by court judgment. As part of our written representation agreement, we agree to advance all reasonable and necessary costs to investigate and pursue your claim. We will only receive fees and our fees will be reimbursed if we are successful in asserting your claim. If there is no collection, you do not owe us anything. No fee will be due for our investigation or if, after our investigation, we decide that we cannot or do not want to deal with the case. Some states have passed laws that set caps or limits on the maximum amounts people can recover in certain cases. Most of these limitations apply to cases of bodily injury or medical malpractice and do not affect cases of legal error. If you have been financially harmed by a lawyer`s negligence or willful misconduct, St. Denis & Davey`s experienced Florida legal error attorneys can serve you effectively.
We want to undo the work of those who cannot be trusted on your behalf. Did you or a loved one make a mistake on the part of a negligent lawyer? You have rights. When you hire a lawyer, you do so in the hope that they will help you. If they fail to do so, they must be held liable for their negligence. The experienced Fort Lauderdale FL accident attorney at Lawlor, White & Murphey represents clients in legal error cases in Broward, Dade, Palm Beach and throughout Florida. Call 954-525-2345 or fill out our online contact form to schedule a free consultation on your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312 and offices in Pembroke Pines, Weston, Coconut Creek, Pompano Beach and Plantation. There is still an obstacle to overcome before you can recover against your former lawyer. Many malpractice lawsuits fail because the client cannot prove that even if a favorable judgment had been obtained, there would have been a solvent defendant who would have paid it.
A claim that could not have been recovered, even if it had been the subject of full prosecution, cannot engage its liability for fault. The purpose of the solvency requirement is to prove whether the original defendant would have been able to pay a judgment if a judgment had been rendered against him. In Florida, you have two years from the original judgment to file a lawsuit for error of law. The sooner you see a new lawyer, the more time your lawyer will have to gather evidence to support your accusations. It should be noted that not all negative situations warrant an error of law. For example, if your lawyer is seen in a social setting with the other party`s lawyer, this does not necessarily indicate a breach of solicitor-client privilege. Similarly, mere disappointment about the outcome of your case is no reason to sue your lawyer – a lawyer cannot guarantee the outcome of a case, even if they do everything right. There is an error of law when a lawyer does not act reasonably and responsibly when representing his client. Therefore, common examples of legal errors can be: if you have suffered due to a lawyer`s negligence or misconduct, the only way to get the compensation you deserve is to sue for error of law.
However, this is only a reason to make a claim. Lawsuits for legal errors can be a long and difficult battle. This is not something you should try on your own. A competent lawyer who has successfully represented clients in other litigation involving legal errors knows exactly what needs to be done to help you get the result you deserve. If you are disappointed with the advice or results you received from your lawyer, we ask that you ask Wagner McLaughlin to know the quality of the representation you received and whether you can bring an action for legal error against the first lawyer. You should know in advance that a bad result or bad advice alone is not enough to succeed in a judicial misconduct lawsuit. An allegation of error of law against a former lawyer should not be made until many factors, both factual and legal, have been evaluated by a lawyer experienced in the field of professional defects. If you don`t, you might be disappointed a second time. Wagner McLaughlin has the experience, knowledge and resources to advise you on these issues. Indirect damages are compensation for additional damages that are due to the negligence of the lawyer, but that do not result directly from the purpose of the mandate or do not affect the purpose of the client relationship. In other words, indirect harm is not the loss of the benefit provided by legal services, but the harm that occurred because the benefit was lost. These injuries may include damages for psychological distress and related personal injury, damage to reputation, economic loss, and the costs of that lawyer`s trial for legal error.
In Florida, these damages are in many cases irrecoverable, and this area of law is not resolved. In the Arrowood case, the question was what date applied if the case was settled before trial but not before trial. Conroy Simberg was born on September 6. In December 2005, he was hired by Arrowood as a cover attorney, but was fired for lawsuits that allegedly cost Arrowood more than $2 million in additional damages in October 2007. Arrowood then engaged alternate counsel who, along with the other parties to the case, settled the dispute between 15 and 18 December 2008. On 22 December 2008, the complainant filed an order dismissing the case with prejudice and the decision dismissing the case was registered on 12 January 2009. Then, on December 22, 2010 – more than three years after Conroy Simberg was fired from the Arrowood office and, more importantly, more than two years after the case was settled – Arrowood filed an abuse of rights lawsuit against his former lawyers seeking recovery of alleged damages of more than $2 million. Legal errors are the negligence of a lawyer in handling a legal matter. Negligence is the failure to exercise due diligence in the circumstances. However, to have prosecutable malpractice, it takes more than simple negligence.
When it comes to determining whether or not a lawyer has made a legal error, the court will consider several key elements before deciding your case. These include: To successfully file a legal error action against your former lawyer, you must: In the case of professional misconduct, the causal requirement is formulated negatively. For example, it is often said that the client can only assert claims against the former lawyer if it can be proved that the damage suffered by the client would not have occurred «without» the lawyer`s negligence.