5 Common Mistakes in Personal Injury That Result In Legal Malpractice
1. Failing to sue the right defendants (who really owned the land, the vehicles, who were the employers of the people involved, etc.).
2. Filing suit after the statute of limitations passed (all lawsuits have deadlines).
3. Failing to advise a client of a corollary claim, such as a worker’s compensation claim, personal injury claim, or claim for uninsured or underinsured motorist benefits.
4. Failing to obtain full information about a client’s injuries and damages (medical treatment, lost wages, and other recoverable damages).
5. Failing to serve the lawsuit and summons on the defendants in a timely manner (some states set a time limit on when this must be done).
These are common mistakes that we have seen in the area of personal injury law. If your lawyer has made a mistake like these that has caused you damage, you may have a claim for legal malpractice. Of course, there are many other ways that lawyers can make mistakes in handling personal injury claims.
By Thomas W. Dillon