Attorneys have an obligation to exercise reasonable care, skill, and diligence in representing their clients. An attorney who makes a mistake and is negligent can seriously harm a client's legal and financial interests. The devastating effects of an attorney’s negligence are even worse when the case that was mishandled involved a serious injury or wrongful death claim because the attorney’s negligence may have caused the client to lose the opportunity to collect compensation for a life-altering injury or loss of a loved one. When an attorney falls short of meeting their professional obligations, the client may have a claim for legal malpractice if the negligence caused the client to suffer damages. Generally, proving damages for an attorney’s negligence requires proving the underlying case, commonly known as proving “the case within the case.” As a result, the client must show that he or she had a valid claim and would have recovered damages but for the attorney’s negligence. Common types of attorney malpractice include:
- Missing the statute of limitations
- Failing to communicate settlement offers to the client
- Failing to comply with court orders
- Failing to comply with the rules of procedure
- Failing to diligently pursue a client's claim
- Failing to notify the proper insurance companies after a personal injury event