Florida personal injury laws provide legal grounds for seeking compensation after an accident or other injury. The victim must prove that the other party caused their harm to recover damages. A Jacksonville personal injury lawyer can help injured parties seek economic and non-economic damages.
However, what happens if your attorney mishandles your case in Florida? What recourse do you have to hold your attorney responsible if they screw up your case? Florida malpractice laws offer grounds for clients to pursue a claim against their attorney. Legal malpractice occurs when an attorney fails to provide competent representation, resulting in harm or damages to a client.
What Constitutes Legal Malpractice in Florida?
If an attorney did something to harm your case and caused you losses, you can sue for legal malpractice. However, you have the burden of proving the elements that constitute legal malpractice.
Those elements are:
- Attorney-Client Relationship: There must have been an official relationship where the attorney agreed to represent you, often evidenced by a retainer agreement.
- Duty of Care: The lawyer owed you the duty to act competently and according to legal standards.
- Breach of Duty: The attorney negligently failed to meet the standard of care by errors such as missing deadlines, failing to file lawsuits, providing incorrect legal advice, or mismanaging funds.
- Causation: The breach directly caused harm to your case outcome or finances.
- Damages: You suffered measurable financial loss or other damages as a result.
Some attorneys may intentionally do things that are not in their client’s best interest. Other attorneys may make mistakes because of negligence. Whether it is negligence or intentional, if an attorney screws up a case, they can be legally liable for the resulting damages.
What Damages Can You Recover for Legal Malpractice in Florida?
In Florida, damages recoverable in a legal malpractice claim typically include:
Economic Damages
Economic damages compensate the client for their financial losses. Examples include lost case settlements and additional legal fees needed to correct errors. If the malpractice resulted in lost income or earning potential for the client, the attorney may also be responsible for those losses.
Non-economic Damages
Emotional distress caused by the attorney’s misconduct may be compensable in some cases, although non-economic damages are rarer in legal malpractice cases. Punitive damages are generally not recoverable in legal malpractice cases based on negligence. However, they may be available if the attorney’s conduct involved fraud, intentional misconduct, or was especially egregious.
Examples of Legal Malpractice in Personal Injury Cases
Clients have basic rights when they hire an attorney. Attorneys cannot guarantee a specific outcome in a case. Many factors impact whether you win your case. However, mishandling a case or being negligent can result in a legal malpractice claim.
Examples of conduct that could result in a legal malpractice claim include:
- Violating the attorney-client privilege
- Committing illegal or fraudulent acts
- Failing to check for a conflict of interest
- Mishandling a client’s funds held in trust
- Failing to discuss a settlement offer with the client
- Missing deadlines and/or failing to determine the statute of limitations for a claim correctly
- Intentionally misleading a client about the law or their legal options
- Incorrectly applying case law and statutes to the case
- Missing court hearings and/or failing to attend meetings
- Failing to prepare and file court documents and other paperwork
- Accepting a settlement amount without discussing it with the client
If you suspect your attorney mishandled your case or did something intentionally wrong, consult another attorney as soon as possible. Your time to pursue a legal malpractice claim is limited by law.
Statute of Limitations for Florida Legal Malpractice Claims
Generally, legal malpractice claims must be brought within two years of when you discovered or should have discovered the attorney’s negligent act. If the malpractice was not immediately apparent, you may have longer to file a claim. However, missing the deadline can bar you from recovery. Therefore, consult a legal malpractice lawyer promptly to discuss your options.
What Should You Do If You Suspect Legal Malpractice?
You rely on a personal injury lawyer to protect your injuries after an accident or other incident. When an attorney mishandles a personal injury case, it could result in substantial losses for the client.
If you suspect your attorney screwed up your case, steps you should take include:
- Gather Documentation: Collect all case-related documents such as contracts, emails, court filings, billing statements, and other evidence.
- Seek a Second Opinion: Consult another experienced attorney specializing in legal malpractice in Florida to assess your claim.
- File a Complaint with The Florida Bar: You may report ethical violations separately, though this does not replace your right to sue.
- File a Lawsuit: If advised, pursue a malpractice lawsuit promptly within the statute of limitations to seek compensation for your damages.
If you believe your lawyer’s mistakes caused you harm, acting quickly and getting guidance from a qualified legal malpractice attorney can help protect your rights and preserve your ability to recover compensation.
Contact Coker Law Personal Injury Lawyers for a Free Consultation
This resource equips you with the essential legal framework and actionable steps to understand your rights if your attorney has mishandled your case in Jacksonville, FL. For precise evaluation and representation, consult a qualified Florida legal malpractice attorney. If you have questions about a case, contact our Coker Law Personal Injury Lawyers at (904) 356-6071 to speak with a Jacksonville personal injury lawyer.