Atlanta Legal Malpractice Lawyers
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Learn More About Graham Scofield Injury LawyersAbout the Firm
How to File a Legal Malpractice Lawsuit
If you want to file a legal malpractice lawsuit, you should contact an Atlanta legal malpractice lawyer. Your lawyer will evaluate your potential claims. If you have a valuable claim, your lawyer will accept your case. Then, they’ll attempt to resolve it. If your case isn’t resolved pre-suit, your lawyer will file your lawsuit. Your lawsuit can be filed in the county where your former lawyer resides. It can also be filed in the county where the law firm has an office.
The lawsuit begins when your lawyer files the complaint. The complaint identifies you, as well as the lawyer and the law firm that committed malpractice. The complaint also explains the support for your legal malpractice allegations. Additionally, it specifies the damages you seek to recover. You must attach a sworn affidavit from a legal malpractice expert that is prepared to testify on your behalf.
If you hire our firm, we’ll make sure that your lawsuit is properly filed and served. Then, we’ll obtain documentary and testimonial evidence that supports your claims. If your former lawyer’s malpractice insurance carrier doesn’t offer you a fair settlement, we’ll take your case to trial.
How Do I Prove My Legal Malpractice Case?
In order to successfully resolve your case, you must demonstrate that your former lawyer was at fault and legally responsible for your damages. Specifically, you must prove the following elements:
- You and the defendant had an attorney-client relationship.
- The defendant failed to exercise ordinary care, skill, and diligence in your case.
- The defendant’s actions, or inactions, are responsible for the bad outcome.
- If the defendant hadn’t neglected your case, you would’ve had a favorable outcome.
It’s difficult to prove fault by yourself. In fact, your lawsuit will be dismissed if you don’t attach an expert affidavit to the complaint. Even if you have an expert affidavit that supports your claim, your former lawyer will deny liability. He may even hire his own legal malpractice expert to testify that his errors were harmless. Additionally, you also have to prove that you would have won the underlying case. Your former lawyer may contend that victory was uncertain because you had a weak case.
Don’t proceed on your own. Hire an Atlanta legal malpractice lawyer that will hold your former lawyer accountable.
Legal Malpractice Damages
Your legal malpractice damages are comparable to the damages you would’ve obtained if you won the underlying case that your lawyer mishandled. Additionally, you can recover the costs that you’ve spent pursuing your legal malpractice claim. You can also recover punitive damages if your prior lawyer’s misconduct was grossly negligent or egregious.
Legal Malpractice Statute of Limitations
There is a four-year window to file Georgia legal malpractice claims. The statute of limitations (SOL) typically begins to run when the misconduct occurred. So, if the court dismissed your case because of your lawyer’s error, the SOL would begin to run on the date that the court filed the dismissal order. However, if your lawyer fraudulently concealed their misconduct from you, the statute of limitations is tolled until you discover the fraud.
You should speak with an experienced Atlanta legal malpractice lawyer ASAP. That way, your malpractice lawyer will have sufficient time to evaluate your claim and, if necessary, file and serve your lawsuit.
Contact Graham Scofield Injury Lawyers Today
If you lost your case or obtained a small settlement because of your previous attorney’s misconduct, we can help you. The lawyers at Graham Scofield Injury Lawyers have successfully litigated legal malpractice claims for decades. We’ll make sure you obtain justice.