When choosing a lawyer for your personal injury case, you always choose that lawyer who will help you get the best outcome. Being sure that the settlement obtained will help you recover losses from injuries suffered. However, in such a situation, you as the plaintiff may unfortunately get a wrong counsel who can lead to a bad outcome of the claim. The issue of legal malpractice in matters related to personal injury can be very pricey. You may even end up receiving nothing in terms of compensation from severe injuries. With this, you may be faced with substantial liability for losing your personal liability injury claim. If you feel your lawyer has failed you and didn’t obtain the compensation you deserved. You need to look for a legal malpractice lawyer to help determine whether the lawyer you retained acted negligently.
Legal Malpractice In Personal Injury Claims
When this happens, you may be faced with the option of giving up or looking for the best malpractice lawyers in Memphis tn to review your case and advice you accordingly. In case they discover there was negligence on the part of your lawyer, they will ensure you recover damages. The fact is that every attorney should meet the required ethical standards when representing you. Legal malpractice is a gray area that needs someone conversant with the law. Again, it’s always vital to understand the extent to which the services being offered by your attorney can affect your personal injury case. This may help you determine much earlier if a legal malpractice case is about to occur. For instance, one of the main areas of contention is the failure to meet deadlines.
The lawyer may have sent every detail needed to the judge or the court clerk; however, a deadline may pass due to some unavoidable administrative issues. Also, the judge may take some time before responding. The fact is that there are so many factors that remain in play within the case. This means that not every case may amount to legal malpractice. Therefore, it wouldn’t be wise to face any legal malpractice claim without legal representation. Some of the personal injury cases that may lead to legal malpractice include:
- Failure to settle a wrongful death suit: If someone files a wrongful death lawsuit to seek damages as compensation or losses such as lost wages, he/she expects total recovery. Nevertheless, if the lawyer fails to live up to their professional standards or obligations, the outcome can be more devastating. If you believe you had a fair chance of victory, you should act immediately to seek a legal representative and get to know their opinions and options available for your malpractice case.
- Defective products injuries
- Severe injuries such as from car accidents
What Are The Remedies For Failed Personal Injury Lawsuit?
It’s not a surprise that there are so many failed personal injury lawsuits in Tennessee. Personal injury cases lead to extensive costs and may even require future costs. If you file a lawsuit and it fails, then this may result in more damages. Filing a lawsuit based on a failed claim also involves a significant amount of evidence to be demonstrated by the plaintiff. If you find yourself in such a situation, look for an experienced malpractice lawyer to evaluate your case. Below are the remedies that are available for the failed personal injury lawsuit.
- They include Monetary damages: Your lawyer can be held responsible for the losses you suffered as a result of failure to uphold the standard of care. These could either be general or consequential damages.
- Punitive damages: these are awarded by the court if the conduct of the attorney was intentional or the attorney acted in wanton disregard of your rights as the plaintiff. In such a case, the negligent attorney must be punished if the court determines that there is evidence to support the award of these damages.
- Liquidated damages: Though this may be hard to determine, an experienced legal malpractice attorney can be able to address whether you can recover from such in your case.
- Attorney’s fees: You can only be able to recover these fees if they were incurred in prosecuting a claim against a third party. This is if the actions were a direct result of your lawyer’s malpractice.
- Emotional distress: These damages are only recoverable when an injury has naturally ensued from the acts you have complained about. Meaning, your attorney’s negligence may not support a claim for emotional distress in conjunction with property damages.
Contact Legal Malpractice lawyers
An experienced legal malpractice lawyer understands how devastating it can be when your attorney fails to act in your best interest. As such, it would be better to consider hiring a malpractice lawyer who may help you to seek a remedy. The lawyer will make sure to bring up the suit within one year from the date of the action accrual, which is the required time limit in Tennessee.