Hiring an injury attorney after a personal injury is supposed to reduce stress. But what if your attorney made serious errors that harmed your claim?
In Texas, you may have legal options if your lawyer didn’t meet the expected standard of care. Below is a look at legal malpractice, how attorneys can mess up a case, and what you can do if you think your lawyer costs you money.
Understanding Legal Malpractice
Legal malpractice happens when a lawyer fails to act as a reasonably competent attorney would, causing harm to a client. To prove malpractice, you typically must show four things:
- You had an attorney-client relationship.
- The lawyer breached their duty by acting carelessly or unethically.
- You suffered damage (for example, losing a valuable settlement).
- The breach caused or worsened your losses.
After listing these points, remember that it’s crucial to demonstrate how your lawyer’s mistake led to real harm. You should also know that losing a case by itself doesn’t prove malpractice. Instead, you must directly connect the attorney’s error to the bad outcome.
Common Mistakes Lawyers Make
Below are a few mistakes attorneys can make that might rise to the level of malpractice. Paying attention to these issues can help you see if your attorney crossed a line.
- Missing Key Deadlines: If a lawyer allows the statute of limitations to expire, you could lose your right to sue.
- Failing to Investigate: A weak investigation may leave out witness statements, medical records, or accident reports that might have won your case.
- Rushing a Low Settlement: Some lawyers push for quick deals that favor them, not you.
- Poor Communication: If the lawyer ignores you or never updates you, you might miss important info or hearings.
- Ethical Lapses: Wrongful acts like lying to you or mishandling money may also indicate malpractice.
These errors can hurt your case in serious ways. However, proving malpractice means showing your attorney’s actions directly caused you financial harm.
How To Spot Warning Signs Early
It’s best, if possible, to watch for red flags before your case collapses. If you sense trouble, take these signs seriously:
- Repeated Excuses: A good lawyer might face delays, but constant excuses might mean bigger problems.
- Lack of Updates: You should know what’s happening in your case and when major deadlines are coming up.
- Disregard for your Input: You have a right to be consulted on settlements or major decisions.
- Questions About Billing: If charges look strange or you’re billed for tasks that don’t make sense, that’s a warning sign.
These red flags don’t automatically prove malpractice, but they do tell you it may be time to speak up or seek a second opinion.
What if the Lawyer Denies Wrongdoing?
Consider these options if you talk to your attorney about potential mistakes and they deny any issues. They might help you decide if further action is needed.
- Request Your File: Look at your case documents for missing motions or contradictory statements.
- Get a Second Opinion: Another attorney can check if your first lawyer’s approach was reasonable.
- File a Complaint with the Bar: If you suspect ethical violations, you can contact the State Bar of Texas.
By reviewing these steps, you can move forward even if your lawyer won’t admit there is a problem.
What You Can Do About It
When you have strong reasons to think your lawyer messed up your case, you don’t have to suffer in silence. You have rights in this scenario that are important to understand, as they could mean the difference in the outcome. Below are key moves to consider.
- Talk to Your Lawyer: If it’s not too late, give them a chance to fix the problem. Sometimes, an error can be repaired by filing a motion quickly.
- Switch Attorneys: If you’ve lost confidence, hire a new lawyer. They might still salvage your claim if deadlines haven’t passed.
- Consider Filing a Legal Malpractice Lawsuit: If the damage is done and can’t be fixed, you might sue your former lawyer. However, you will need to demonstrate that your lawyer’s actions directly caused your financial harm, often with the help of expert witnesses.
These options can protect your rights if your current lawyer truly harmed your case.
How Long Do I Have To File a Malpractice Lawsuit in Texas?
In Texas, you generally have two years from the time you discovered (or should have discovered) the malpractice to file a lawsuit. Missing this deadline could mean that you will lose your chance to hold your ex-lawyer accountable. Gathering evidence and experts for your malpractice claim can take time, so it’s wise to act quickly if you suspect your attorney messed up.
Tips For Protecting Yourself
Small steps can help prevent big problems. Here’s how you can stay proactive:
- Keep Records: Save important emails, invoices, and court documents. This paper trail could prove helpful.
- Ask Questions: If you don’t understand something, ask for clarification. You have a right to clear information.
- Act Quickly on Red Flags: If you see major issues, address them early or seek another attorney’s advice.
- Request Updates: Regular check-ins can help you catch errors before they escalate.
Using these steps can reduce your chances of being blindsided by a lawyer’s poor performance.
Contact a Fort Worth Personal Injury Lawyer for a Free Consultation
If you think your attorney’s mistakes ruined your personal injury case, you might still have options. Depending on the situation, you could salvage the original lawsuit or consider a legal malpractice claim. To figure out your next move, it’s best to talk with a Fort Worth personal injury lawyer at Anderson Injury Lawyers. You can contact us online or call (817) 294-1900 for a free consultation.
We can review your case, explain your rights, and guide you toward a fair resolution. You shouldn’t have to bear the costs of someone else’s professional error. A new attorney may be exactly what you need to protect your interests and seek the compensation you need and deserve.