How Do You Prove Legal Malpractice Occurred?

Published on Aug 26, 2020 at 5:59 pm in Legal Malpractice.

Looking up at court house

When you’ve been injured because of the negligence of another party, you may decide to take legal action to hold them accountable for your injuries and losses. To give your case the best chance of success, you may seek out a personal injury attorney. But what if your legal representation doesn’t fight for you the way most would? If your attorney makes errors, forgets to prepare your case, mishandles funds, or exhibits other signs of negligence, then you may have gotten an unfavorable result and don’t know what to do.

You can seek justice for how your previous representation mishandled your case. A Baltimore legal malpractice lawyer from Belsky & Horowitz, LLC can help you seek justice from the party who should have fought for you.

What Is Legal Malpractice?

Legal malpractice is when an attorney acts negligently and causes their client to suffer significant damages. You may be depending on your lawyer to help you get compensation for a car accident, slip and fall, or product liability case. Your injuries from that accident could have resulted in medical expenses, lost wages, pain and suffering, and your future may include continued expenses as well.

Trusting your representation to help you move past this and then finding they’ve betrayed that trust can be overwhelming. You may feel like you’ve exhausted your options and now you’re dealing with injuries, debt, and you don’t know what to do next. That’s where a legal malpractice attorney from our firm can help.

Our lawyers are dedicated to helping our clients in every way we can. However, we also know that unfortunately, some other lawyers may not have these values. If your lawyer wasn’t acting in your best interests, you can hold them responsible. A few examples of legal malpractice include:

  • Filing your case after the statute of limitations has passed
  • Didn’t find expert testimony when necessary
  • Didn’t apply the law correctly to your case
  • Failed to communicate with you
  • Procrastinated working on your case

All these situations could have led to your personal injury claim having a poor result for you. If you recognize one of the instances above, you may be a victim of legal malpractice. However, don’t be dismayed if you do not recognize the points above. Legal malpractice can occur in many ways and if you believe your attorney acted negligently, then you should still seek out a case evaluation with one of our legal malpractice attorneys. We’ll go over what happened to you and find out if you’re eligible for compensation.

What Do You Need to Prove in a Legal Malpractice Case?

When you’re pursing a legal malpractice case, it’s important to know that certain elements need to be present. For example, simply not liking the outcome of your case doesn’t necessarily mean you were a victim of legal malpractice. Your previous lawyer could have done everything correctly and fought for you, and sometimes you may not get the result you were expecting. Your Baltimore legal malpractice lawyer will carefully investigate what happened during this case and will gather evidence to establish the following:

  • The lawyer agreed to represent you.
  • The lawyer was fraudulent or acted negligently.
  • Your case suffered as a result of this negligence.
  • You have damages because of the case result.

An important part of showing you were a victim of legal malpractice is seeking an expert witness. In Maryland, expert testimony may be necessary for a legal malpractice case. The expert will establish that the negligent lawyer breached their legal duty. They’ll explain that how the lawyer acted was outside of the legal standard and because of this action, you suffered.

When your case is in our hands, you can rest assured that we’ll do everything possible to build a strong case that shows how you were wronged by your previous representation’s negligent actions or failure to take action. Our firm is here for you.

Belsky & Horowitz, LLC Can Help You Seek Justice

When your previous representation failed to help you, we understand how it can be difficult to start this process again. The lawyers at Belsky & Horowitz, LLC always fiercely protect the rights of our clients and will do the same for you. We help people who have been harmed because of negligence and we will also fight to put them on the path to moving forward.

Call us today so we can review your case and legal options. Together, we can begin fighting for you to get the recovery you deserve.





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