Proving Negligence in Legal Malpractice Cases in Miami, FL: Strategies and Challenges

August 7, 2023

Please remember that you need to file your lawsuit within two years of the judgment against your attorney for it to be valid. If you believe your attorney is guilty of this crime but are unsure, hire a legal malpractice lawyer in Miami with the background and experience to sue them. 

Common Examples of Legal Malpractice 

Some of the common ways a lawyer can be found negligent include the following:

  • Failure to file a case in court, meet court deadlines, check for conflicting data, and file within the statute of limitations
  • Making settlements without your consent
  • Applying the law incorrectly to your case
  • Mishandling retainer funds
  • Violating attorney/client privilege and confidentiality
  • Lying about their experience
  • Charging excessive fees

And more. In any case, the assumption of legal malpractice is that the lawyer failed to use reasonable care for a case or client by making mistakes that a ‘competent’ lawyer who conforms to the standard of care under similar circumstances.

Proving Negligence in Malpractice Cases

When a lawyer agrees to take on your case, they imply that they have the required skills, qualifications, and abilities to practice law that their fellow attorneys in the same profession also possess. In order to win a legal malpractice case, you have to prove the following:

  • The existence of an attorney-client relationship
  • The attorney’s breach of conduct or duty directly caused damages or injuries
  • The attorney failed to do something, breached their duty, or failed to provide a reasonable duty of care that they owed you.
  • You suffered loss, damages, or an actual injury due to their legal negligence. 

Your legal malpractice lawyer in Miami may say that their client (you) could have recovered against their ex-attorney only if it can be proven that the harm you sustained would not have occurred ‘but for’ the negligence of your ex-attorney.

As mentioned above, you need to file your lawsuit within two years of the judgment against your attorney for it to be valid. As such, contacting a legal malpractice lawyer in Miami should be a priority. The sooner you hire one, the more time you and your new lawyer will have to collect supporting evidence for a solid case. 

Contact Criden & Love, P.A. for a Free Legal Malpractice Consultation

Whether your lawyer has cut off all communication with you, failed to provide the promised legal representation, or lost your case due to any other legal negligence, contact Criden & Love, P.A. for a consultation. We have more than 25 years of experience pursuing litigation for legal negligence, corporate fraud, and more, so we aren’t afraid of going up against large corporations or lawyers with legal backing. Our legal malpractice lawyer in Miami will look over your case and ensure you get the compensation you deserve.

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