What Components Constitute A Viable Legal Malpractice Claim?

In order to have a legal malpractice claim, the first thing you have got to prove is negligence. You have to show that the attorney did something that was below the required standard of care for the area of law in which they were practicing. Secondly, you have to show that the thing they did wrong caused you damages. That is a lot trickier in the legal malpractice context than it is in an injury context. It’s relatively straightforward to prove an injury. It can be very difficult to prove that legal malpractice is what caused you to lose your case.

Proving the connection between the mistake and your damages is extremely important. Then, of course, you have to actually suffer damages. There are some cases where the attorney may do something that may cause harm to your case, but you may get a settlement anyway. You have to show that you absolutely would have done better if the attorney had done the thing right. You’ve got to prove negligence by the attorney and you’ve got to prove causation of the damages, and what the damages were.

What Is The Statute Of Limitations On A Legal Malpractice Claim?

The statute of limitations is going to vary depending on the situation. To be absolutely safe, you are going to want to file your claim against your attorney within one year of the act of legal malpractice, but in some cases that one year is going to be what they call “tolled”. It’s not going to run during the period of time the attorney continues to represent you on that same matter. Consult with an attorney and they will look up the rules applicable to your specific situation. Don’t wait, if you think you’ve been a victim of legal malpractice.

For more information on Viability Of Legal Malpractice Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (408) 687-9155 today.