What Happens When a Lawyer Messes Up?

Posted on June 28, 2011 by John Day

My lawyer missed the deadline for filing my lawsuit.  What are my rights?

You may well have a case against your lawyer.  To prove that case, you have to prove that the lawyer should have filed the case on time and, if he or she had done so, you would have prevailed in the case.

So, you really have two separate cases.  First, you have to prove the lawyer's error.  Second, you have to prove that you would have won the underlying case and the the amount of damages you would have won.  If your original case had no merit, your case against the lawyer will not be successful.  Why?  Because the lawyer's failure to file your case on time did not cause you any damage - you would have lost the case anywhere.

The law has deadlines for filing claims against lawyers.  You should consult a lawyer as soon as possible to see if your claim has merit.

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About John A. Day

I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.

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