Representation for Victims of Legal Malpractice

An attorney may liable for malpractice when 1. His or her handling of material issues in your case are clearly "below the standard of care in the legal community" and 2. the mistakes actually caused you monetary loss. Your monetary loss may be based either on you losing your case, or a substantial reduction in the value of your case.

it is considered to rise to the level of legal malpractice when a mistake is so egregious that it results in serious damage to a client's case, if not causing the client to lose his or her case altogether. In these situations, a legal malpractice claim may be a person's only option to help right the wrong that was done.

Statute of limitations: Generally, you only have one year from the time that you reasonably should have suspected legal malpractice, or one year after you terminated your relationship with your attorney. However, most insurance policies also have "private statutes of limitations" set out within the insurance policies. These may limit your right to bring a claim for bad faith. Every case is different and has to be analyzed individually to determine if you are past the statute of limitations.

I am attorney Robert Ryan. I founded Robert Ryan Law to help advocate for victims who have suffered harm due to another's negligence. If you believe that an attorney failed to perform his or her duties and you were harmed as a result, speak with me. Please call me to speak with me, or to schedule a free consultation at my San Diego law office, call 619-234-1800.

What Does Legal Malpractice Look Like?

Simply put, legal malpractice occurs when an attorney provides negligent representation that is clearly below the standard of care, and the mistake caused you a substantial monetary loss resulting in severe damage to a client's case.

Some common examples of malpractice include 1. Engaging in a conflict of interest as to your client, 2. Making material decisions about the case without your client's consent, such as rejecting a settlement offer or settling the case, 3. Failing to meet important deadlines which materially change the outcome of the case (not designating experts, not taking key depositions, not preparing for the arbitration or trial).

Two things are necessary to prevail in a legal malpractice case:

1) You must have an expert attorney who gives testimony as to the negligent acts of your attorney, and how those acts caused you to lose your case or money.

2) You have to prove the underlying case in which the attorney was representing you, in order to show that you would have obtained a better outcome had your attorney not been negligent.

This requirement results in you having to try "two cases,"…. 1. The underlying case that your attorney "messed up," and 2. The "malpractice case," in which you show how the negligence caused you a substantial loss of money.

It is important to keep in mind that not every adverse outcome can be attributed to malpractice. Some mistakes made by a lawyer may have little or no impact on the outcome of the case.

The question of whether malpractice occurred is a complicated one. It is critical that you have an attorney with experience in prosecuting legal malpractice cases. One of the legal malpractice cases that I co-prosecuted resulted in a verdict of $15.2 million.

Did Your Attorney Fail You? Contact Me For A Free Consultation.

I can help determine whether your case involved malpractice and provide you with the options you need for moving forward. Call me at 619-234-1800 to speak privately with me, or contact me online to schedule a free initial consultation. I provide representation to people throughout Southern California.

Representation For Victims Of Medical Malpractice

Similar to legal malpractice, medical malpractice consists of your doctor, nurse or hospital 1. Making a substantial mistake that is clearly below the standard of care in the medical community, and 2. The mistake was the direct cause of your bad outcome and harm.

Expert witness required: Just like in legal malpractice cases, you must have a top flight, medical expert testify in order to prove your case. Neither you, your attorney or any lay person can prove your case.

Statute of limitations: You only have one year from the time that a "reasonable patient" in your shoes should have suspected medical malpractice. Every case is different and has to be analyzed individually to determine if you are past the statute of limitations.

Caution: Very few cases that appear to constitute medical malpractice actually survive. There are two main reasons: 1. MICRA, the California statute that was passed in 1976 that protects health care providers, and 2. Juries usually side with the doctor, unless the conduct is extremely bad, and it directly caused severe injuries to you.

"MICRA," the Medical Insurance Compensation Reform Act limits your general damages to $250,000. So if a doctor or hospital negligently kills your child or your parent, the most that you can obtain for your loss of your love, affection and guidance is $250,000. MICRA also limits the attorney's contingent fees to on average about 18 to 25% from the net recovery.So it is not economically feasible to take most cases. medical malpractice cases are the only cases where the attorney's ability to get paid according to his professional skill in the market place is limited by the California legislature.

Economics:The cost of trying a medical malpractice typically is more than $200,000, with your experts and your time. As a result, the vast majority of potential medical malpractice cases are never pursued.

I can help determine whether your case involved malpractice and provide you with the options you need for moving forward. Call me at 619-234-1800 to talk privately with me, or contact me online to schedule a free initial consultation.