What is legal malpractice according to Louisiana state law?

Legal MalpracticeThe word malpractice refers to the negligence or carelessness of a professional. Legal malpractice is used when speaking about legal professionals, such as lawyers. A legal professional might be accused of legal malpractice when they fail to provide the same quality of service with the accepted standard of care that another legal professional might provide under the same circumstances.

Often clients do not have enough experience with lawyers to recognize legal malpractice. If you suspect that you have been a victim of legal malpractice, it is best to consult with an expert Legal Malpractice Law Firm. The attorneys at Wimberly Law Firm will work with you to collect any damages that you might be owed. If you are located in or near Mandeville, LA, call (985) 200-8466 for a free consultation.

What is the statute of limitations to file Legal Malpractice Claims in the state of Louisiana?

A statute of limitations means that there is a time limit during which a person can file a lawsuit. According to Legal Malpractice Law in the state of Louisiana, the statute of limitations to file a Legal Malpractice Lawsuit is one year from the date that the victim knew or should have known about the negligence of the legal professional. This is subject to a three-year preemption. If the victim discovers the issue once three years from the service is over, then they can no longer file a Legal Malpractice Claim at that point.

If you think you might have reason to file a Legal Malpractice Claim, it is best to consult with an expert Legal Malpractice Lawyer as soon as you possibly can. You can find some of the Best Lawyers for Legal Malpractice at Wimberly Law Firm, where they can assist you in recovering all damages that you might be owed. If you live in or near Mandeville, LA, call (985) 200-8466 for a free consultation.

What potential damages are available in a Legal Malpractice Lawsuit?

While most personal injury cases allow for a variety of damages, those are not as likely when a victim receives a settlement in a Legal Malpractice Claim. A plaintiff cannot seek punitive damages in legal malpractice cases. Usually, one can recover whatever the amount they would have received if there had never been legal malpractice in the original case. Some of those damages in the original case might include the following:

  • Direct losses- including any fees paid
  • Lost wages- any pay that you might have missed from missed work
  • Lost earning potential- any pay that you might miss in the future due to injuries or legal procedures
  • Emotional distress- You might be compensated for any emotional or mental trauma suffered.
  • Damages for medical bills- You might be compensated a partial or full amount that has been paid toward medical bills received as a result of the case.

If you feel that you might have been a victim of legal malpractice, you need to speak with an experienced Legal Malpractice Lawyer as soon as possible. The expert attorneys at Wimberly Law Firm will recover the damages that you are owed. If you are located in or near Mandeville, LA, call (985) 200-8466 for a free consultation.

How do you prove that there has been legal malpractice?

In order to prevent people from trying to sue lawyers just for losing their case, there are certain elements that must be proven in court. To win a legal malpractice case, the plaintiff must prove the following:

  • Duty- The attorney was obligated to act properly.
  • Breach- The attorney breached that duty and was negligent.
  • Causation- The conduct of the attorney hurt the plaintiff financially.
  • Damages- The plaintiff suffered financial losses due to the legal professional’s negligence.

More Information

What Is Considered Legal Malpractice Under Louisiana State Law?

Legal malpractice is similar to medical malpractice in that it’s a situation where the attorney falls below the standard of care of other attorneys practicing the same type of law in the same area. Attorneys, however, do not have to go through a medical malpractice review panel like doctors do before a client can file a suit. Clients can go straight to court. Read More

Is There A Statute Of Limitations On Filing A Legal Malpractice Claim?

The statute of limitations is one year from the date you knew or should have known, subject to a three-year preemptive period. Preemption means when those days run, whether you knew or didn’t know about the malpractice, it’s over. Again, that means you have one year from when you knew or should have known, but no more than three years. For instance, if a lawyer writes someone a will but screws it up, that person has one year from the time they knew about the issue to file something. If the issue is only discovered four or five years down the road when that person dies, it’s too late. The three-year preemption kicks in, so there is no longer any responsibility. It doesn’t seem fair, does it? It’s the same thing for doctors, architects, and CPAs, at least in Louisiana. Read More

What Are Common Questions That Your Legal Malpractice Clients Ask You?

Most questions involve a missed deadline. Their attorney missed a deadline, and they want to know what they can do about it. Do they really have a suit against their attorney now? Sometimes, they will ask me about trials if they lost. I have to ask a lot of questions to see whether it was just because they had a bad case of strategy, which is not legal malpractice, only occasionally can that be malpractice. It’s a different story if the attorney missed deadlines on reports in federal cases or witness or exhibit lists and they weren’t allowed to put in evidence. An honest lawyer will tell the client, “I screwed up, and that’s why this crucial witness is not allowed to testify.” Once I hear that from the client, I can go back and go on PACER, which is the federal court website on cases, to check and see whether witnesses were stricken or something like that. If somebody screwed that up, it’s something I can find very quickly. Read More

If you think you might have reason to file a Legal Malpractice Claim, it is best to consult with an expert Legal Malpractice Lawyer as soon as you possibly can. You can find some of the Best Lawyers for Legal Malpractice at Wimberly Law Firm, where they can assist you in recovering all damages that you might be owed. If you live in or near Mandeville, LA, call (985) 200-8466 for a free consultation.

Jesse L. Wimberly III

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