Mark Roman | January 27, 2022 | Personal Injury
Have you been injured in a car accident, slip and fall accident, or similar accident? Such events can leave you facing medical bills, lost wages, and related struggles. You can seek compensation for these losses in many instances.
How you go about recovering compensation will depend on several factors. For example, if you were involved in a car accident in Florida, you would first seek compensation by filing a claim to collect from your own insurance. This is because Florida is a no-fault state. Your own insurer is responsible for compensating you even if someone else caused your accident.
That said, if your injuries are severe enough, you could seek additional compensation by filing a claim or lawsuit to collect from the insurer of the at-fault driver.
Or, maybe you were injured in a workplace accident. You could seek compensation by filing a claim to collect from your employer’s workers’ compensation provider. If you’re injured in another type of accident, such as a slip and fall at a grocery store, you could file a claim to collect from the negligent party’s insurance.
However, negotiating for a fair settlement with an insurance company can be challenging. Insurance adjusters often look for reasons to undervalue or deny claims. At the end of the day, they are businesses. They make profits by paying out as little as possible on their claims.
This is one of many reasons it is wise for accident victims to hire lawyers to represent them in their claim. Generally, an attorney’s skill and experience can help you improve your chances of recovering fair compensation for all your damages.
However, some lawyers fail to provide their clients with the representation they deserve. Unfortunately, attorneys sometimes take on cases that have little chance of success. Other times, they may take on too many cases, so they can’t give the proper time and attention to each one. Some attorneys even take on cases when they do not have the skill and experience to handle.
You have options if your attorney screws up your case. The following information will help you better understand your rights.
Terminating the Attorney-Client Relationship
The first thing you can do is terminate the attorney-client relationship. It may not be too late to save your case. You should look for another lawyer who practices in the area of your claim. Preferably, you will search for a lawyer with excellent peer ratings and client reviews. You can search sites like Google My Business, Avvo, and Martindale-Hubbell to see what people are saying about a prospective attorney. You can also search the Florida Bar’s Website to determine if your new attorney has been disciplined by the State Bar.
Filing a Legal Malpractice Claim
However, you have rights even if your case is over and you can no longer pursue your claim. Attorneys in Florida are expected to abide by certain professional standards when representing their clients. If your attorney violates their professional or ethical duties, you could have a legal malpractice claim.
You should be aware that winning a legal malpractice case may be challenging. To win your case, you need to prove the following:
- Your attorney had a duty to provide you with service of an accepted standard and/or quality
- Your attorney failed to fulfill that duty
- You were left with damages because of your attorney’s negligence
- The damages you sustained have a measurable dollar value, and you should be compensated accordingly
You also need to understand that an attorney is not always at fault when they fail to win a case. Qualified lawyers lose cases.
This information is certainly not meant to discourage you from taking action if you believe you have a valid legal malpractice case. Instead, this overview is meant to emphasize the value of being entirely honest when hiring a lawyer.
Some attorneys may simply lack the qualifications necessary to provide their clients with effective representation. However, if an attorney has been licensed to practice law in Florida, the odds are very good they can provide the quality of service you are entitled to. They will be better equipped to do so if you are honest and transparent with them whenever you discuss your case.
Contact the Clearwater Personal Injury Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have five convenient locations in Florida: Clearwater, New Port Richey, and Tampa.
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655