Augusta GA Legal Malpractice Lawyer

Augusta GA Legal Malpractice Attorney

When your trusted attorney’s negligent, intentional, or reckless action leads to your own personal loss, it can be challenging to know how to recover and where to find help. If this is your reality, you need an Augusta, GA, legal malpractice lawyer who you can trust and rely on. The Tatum Law Firm, PLLC, has a successful history working in legal malpractice cases. We seek to find justice for our clients who have been wrongfully affected by their lawyer’s actions.

If you have begun to suspect your attorney of mishandling your case, or if you have parted ways with an attorney due to their negligent or intentional work on your case, you have options to explore when seeking justice and fighting for your own rights and proper treatment. Regardless of the situation and circumstance that you are coming from, you deserve the support of an attorney you can wholeheartedly trust with the details of your case.

Elements of a Legal Malpractice Case

There are three main elements that must be present to have a viable legal malpractice case.

1. There must be a duty of care between the lawyer and the client.
2. The lawyer must have breached this duty of care in some way that can be proven.
3. This breach of duty must have a direct tie to their client’s losses and damages.

Below is more insight into these key elements:

Establishing a Duty of Care

A duty of care is the legal responsibility and obligation to act in a manner that prevents foreseeable harm to others. In the example of a lawyer and client relationship, a lawyer holds a legal responsibility to their client to perform their work to a reasonable standard that a competent attorney would provide.

In a legal malpractice case, a plaintiff (in this case, a previous client) must prove that they were in a working relationship with an attorney. This is often demonstrated through an attorney and client agreement that is signed upon agreeing to work together.

Breach of the Duty of Care

The plaintiff must prove through solid evidence that their attorney breached the duty of care that they owed their client to provide skillful and competent care. In a legal malpractice case, a breach can happen in many ways, such as failing to meet essential deadlines, charging excessive fees, agreeing to a settlement without their client’s permission, abandonment, fraud, embezzlement, and more.

Causation

The final major element in a legal malpractice case is causation, which is the connection between the breached duty of care and the harm and damage that the client suffered. The plaintiff must prove that the breach of care directly led to their losses, damages, and harm.

How a Legal Malpractice Attorney Can Help

There are many ways in which an experienced legal malpractice attorney can help support and pursue justice for their clients. They can work to hold their previous attorney accountable for their actions in the following ways.

• Thorough Investigation: A legal malpractice attorney can undertake a detailed investigation into the circumstances of their client’s claim. They can work to ensure that there is solid evidence to prove duty of care, breach of the duty of care, and causation.
• Legal Understanding and Strategy: Attorneys hold a strong understanding of local laws and regulations through their years of study and ongoing education. They also work to stay up to date on changes and new developments in the field. An attorney can leverage their legal understanding to craft a detailed legal strategy that supports their client’s claim.
• Skilled Negotiation and Litigation Representation: Legal malpractice attorneys are competent negotiators. From negotiations to litigation representation, they are able to masterfully represent their client’s rights and truth in and out of the courtroom.
• Advocacy: Throughout the entire process, a legal malpractice attorney can be your legal advocate, answering any questions and concerns you may have and fighting for your fair and just treatment.

FAQs

Q: What Is the Largest Malpractice Settlement in Georgia?

A: A malpractice settlement in Georgia can reach into the tens of millions of dollars. Malpractice settlement amounts cover several types of losses, including economic, non-economic, and punitive damages.

Economic losses include expenses like medical bills, loss of current and future income, property damage, and more. Non-economic losses include pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses. Punitive damages are rarely awarded, as they are used as a form of punishment for the defendant.

Q: How Long Do Most Malpractice Cases Take?

A: The length of time that most malpractice cases can take ranges from several weeks and months to years. The timeline of a case depends on several variables, such as:

• The severity of the injury and damage
• Case complexity
• The effectiveness and efficient action of all parties who are involved
• Court availability
• The statute of limitations
• The duration of negotiations

Q: What Is the Most Common Malpractice Claim?

A: The most common malpractice claim is misdiagnosis, generally in the scope of medical malpractice. Misdiagnosis happens when a healthcare provider fails to understand a patient’s actual condition and diagnoses them with another condition. Therefore, any treatment undertaken does not actually address the legitimate issue at hand. Other common malpractice claim types include childbirth injuries, medication errors, and surgical errors.

Q: How Long Do You Have to Sue an Attorney for Malpractice in Georgia?

A: The length of time you have to sue an attorney for malpractice in Georgia is generally four years, also referred to as the statute of limitations. This is the legal deadline that individuals are granted to pursue legal action after an incident. If you have a malpractice case in Georgia, it is helpful to take action as soon as possible to ensure that you are within this legally designated timeframe.

Contact an Augusta, Georgia, Legal Malpractice Lawyer Today

In the unfortunate circumstance that you have been wronged by a lawyer who has been handling your case and it has led to your own personal loss, you may have the merits to seek a legal claim against them. This can hold them accountable for how their actions impacted you. At the Tatum Law Firm, PLLC, we offer legal support for legal action against other lawyers. With our experience handling cases like yours, you can rest confident and assured that you can be protected. Contact us today to set up a consultation.