Were You the Victim of Legal Malpractice? 4 Questions to Ask Yourself

Michael Waks

3 years ago

Most personal injury attorneys are committed to serving their clients. They help accident victims put together strong claims, advocate for their legal rights when interacting with insurers, and ultimately protect their best interests at every turn.

Unfortunately, however, there is always going to be a small number of lawyers who entered the field with less than honorable intentions. They want to churn out case after case, securing settlements as quickly as possible, even if it forces their clients to leave money on the table.

There are always attorneys who are simply unorganized, inadequate, or unprofessional. They don’t care about their clients’ best interests, and it shows in the quality of the work they do.

Thankfully, clients who feel like they’ve been wronged often have recourse. By filing a legal malpractice claim, they can seek compensation for the damages they incurred as a result of the substandard representation they received.

If you’re trying to figure out if you were the victim of legal malpractice, ask yourself the following questions:

1. Did My Legal Team Miss Any Critical Deadlines?

California has strict filing deadlines for personal injury actions. As long as you hired your lawyer long before the applicable deadline passed, however, your legal team shouldn’t have missed it. A knowledgeable attorney should be well aware of any statutes of limitations that might apply and will account for them when helping you navigate the proceedings.

2. Did My Attorney Overlook Any Recoverable Damages?

Totaling all the losses you incurred is a lot of work. In addition to logging receipts, bills, and invoices, for example, doing so may demand input from economists and vocational experts. It may also call for psychological evaluations and depositions from loved ones and colleagues.

If you don’t think your lawyer put in the necessary work to help you pursue the maximum payout possible, you may have been the victim of legal malpractice.

3. Did My Legal Team Accept the Insurer’s First Offer?

Accepting the insurance adjuster’s first offer in and of itself doesn’t constitute legal malpractice, but it may be indicative of a more general pattern of neglect. Your attorney should fight tirelessly for every dollar you deserve, and that likely means submitting a counteroffer and convincing the insurance adjuster that you’re entitled to more than they proposed right out of the gate.

4. Did My Lawyer Fail to Oppose Certain Motions?

Your lawyer should scrutinize every motion the opposing party files. If any of them have the potential to jeopardize your case, your attorney should take the steps needed to oppose them. Should they fail to do so, you may have grounds for a malpractice claim.

Call (562) 206-1939 for a Free Consultation with a Long Beach Legal Malpractice Attorney

Your Injuries Are Personal to Me

Do you suspect that you were the victim of legal malpractice? To see if you have any recourse, turn to the Law Office of Michael D. Waks.

A top-rated trial attorney, Michael D. Waks will use the full force of the firm to help you seek the compensation you deserve. To set up a free initial consultation with a legal malpractice lawyer in Long Beach, call (562) 206-1939 or fill out our Online Contact Form.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.