Ventura County Legal Malpractice Attorneys
Has an attorney made errors in your case? Give us a call at (805) 676-1985.
It Isn’t Always Easy to Prove Malpractice
Individuals often end up turning to the expertise of an attorney to help them resolve a complex problem. You put your trust in the lawyer hoping that they will do everything right and resolve your problem quickly and professionally. But, what happens when that lawyer only ends up causing more problems instead of helping you out? That’s where you can turn to someone to file a legal malpractice suit.
If the attorney made major errors in your case, you can look into suing that lawyer for legal malpractice. It isn’t always easy to win these cases though. This often means that the lawyer didn’t use the proper care and skill that other lawyers would use when handling similar cases. It isn’t considered malpractice just because the lawyer didn’t win your case for you.
To win your legal malpractice case, you need to prove these things:
- Duty – the attorney owes you a duty to perform their job properly.
- Breach – the attorney breached their duty, i.e. negligence, mistake or failure to do what they agreed to do.
- Causation – the attorney’s conduct ended up hurting you financially.
- Damages – the attorney caused you to suffer a financial loss.
Knowing when a bad job is actually legal malpractice
To help you identify when the lawyer’s actions are malpractice, consider the following:
The lawyer stopped working on your case. If the lawyer ignores your case and your concerns, there is a good chance that it is going to end up turning into malpractice.
The case is thrown out because your lawyer didn’t do their job properly. You have to prove that the lawyer didn’t handle the case properly, as well as that you would have won a judgment had the lawyer done their job properly.
The lawyer recommended a settlement for less than what your case was worth. This isn’t malpractice. Lawyers will often give you an inflated value of what they feel your case is worth to get you to hire them. Get a second opinion. If another lawyer thinks that you are settling for less than you should, consider going with another lawyer.
The lawyer settles your case prior to obtaining your authorization to do so. Lawyers aren’t allowed to take a settlement without first obtaining your approval. To prove malpractice, you have to show that the settlement the lawyer agreed to is less than what your actual case was worth.
The lawyer is socializing with the opponent’s lawyer. While conversing isn’t malpractice, it is against their agreement with you to talk about the case and disclose information you told them in confidence.
The lawyer misused your retainer. If your money was used for something other than your case, that is legal malpractice.
If you feel that the attorney didn’t do their job properly, you can talk to the team of professionals at Malcolm Tator Law in Ventura County. You deserve the chance to have someone represent you who has your best interest at heart. Contact our California attorneys today.
Settlement: Settlement Reached in Orbit Car Seat Class Action Lawsuit
This is a settlement for the lawsuit.San Francisco, CA: A settlement has been reached in a consumer fraud class action lawsuit against Orbit Baby, Inc, which alleges deceptive marketing practices on the parts of Orbit Baby, Inc. and The ERGO Baby Carrier, Inc.The...
Settlement: $45M Settlement Reached in Family Dollar Store Employment Discrimination Class Action Lawsuit
Charleston, NC: A $45 million settlement has been finalized ending an employment discrimination class action lawsuit brought by 37,000 former and current female managers for Family Dollar Store Inc. The plaintiffs alleged that Family Dollar Store paid them less than...
Settlement: AbbVie to Pay $3M in Androgel MDL Settlement
Chicago, IL: AbbVie Inc, the maker of Androgel, will pay $3 million to settle a defective product personal injury lawsuit, brought by a man from Oregon who alleged that his use of the testosterone replacement therapy caused him to suffer a heart attack.The lawsuit is...
Settlement: $10M Settlement Proposed in Uber Gender And Race Discrimination Class Action
San Francisco, CA: A $10 million settlement has been agreed between Uber and plaintiffs in a discrimination class action lawsuit who alleged the ride share company did not pay its female software engineers and engineers of colour equitably compared with their male and...
Settlement: Kellogg’s Settles Unpaid Overtime Class Action for $16.8M
Washington, DC: A $16.8 million settlement has been reached in an unpaid overtime class action lawsuit pending against Kellogg's Co. If the preliminary settlement receives final approval it will end four years of litigation.According to the original lawsuit, filed by...
Potential Lawsuit: Intragastric Balloon Surgery Lawsuits Legal News and Lawsuit Information
Intragastric balloon lawsuits are now taking shape after a dozen deaths were attributed to the recently-approved form of weight-loss surgery. As of June 2018, the Food and Drug Administration linked 12 deaths to the implantation of what appears to be a defective...
Potential Lawsuit: Insurance Company ER Services Denial Lawsuit Information
Several insurance companies are refusing to cover emergency room visits, telling their policy holders/patients that they must pay for emergency services if the insurer deems the ER visit “unnecessary”. This new policy began with Anthem Insurance Company, which decides...
Potential Lawsuit: Valsartan Cancer Risk Legal News and Lawsuit Information
The drug Valsartan (a generic version of Diovan), which is prescribed to treat high blood pressure and prevent heart failure, has been recalled worldwide after it was found to contain N-nitrosodimethylamine (NDMA), a known carcinogen. Valsartan contamination from a...
Liening on Others
A nifty collection device is to place a lien on any lawsuit in which your debtor issuing someone else. The someone else must then pay you.
Are Multiple Contracts One Document?
Multiple Documents (including contracts) relating to the same matters, between the same parties, and made as part of substantially one transaction, are to be construed as one contract. This allows for a full view of the situation.
Legal Malpractice Attorneys serving Oxnard, Ventura County, Camarillo, Carpinteria, Fillmore, Moorpark, Newbury Park, Ojai, Port Hueneme, Santa Paula, Somis, Thousand Oaks, Ventura, and Westlake Village areas.