What Is Legal Malpractice According To Louisiana State Law?

A legal professional might be accused of legal malpractice if they fail to provide service that lives up to the accepted standard care that another legal professional would provide under the same circumstances. You will see below some typical reasons that people file Legal Malpractice Claims.

Some common examples of legal malpractice are:

  • Your lawyer did not file a claim or did not meet the filing deadline.
  • Your lawyer misused client fees
  • The court dismissed your case because of your lawyer’s actions or lack of action.
  • Your lawyer settled your case without consulting with you first.
  • Your lawyer disclosed confidential information to the opposing counsel and it was used against you.

Most people do not know enough about the law that they immediately realize when they have fallen victim to legal malpractice. If you think there has been malpractice during your lawsuit, it is best to consult with an experienced Legal Malpractice Lawyer at Wimberly Law Firm. We investigate all matters regarding your case and guide you through any Legal Malpractice Claims you might have. If you live in East Baton Rouge Parish, Louisiana, call (985) 200-8466 for a free consultation.

What Is Needed As Proof Of Legal Malpractice In The State Of Louisiana?

Malpractice - Professional Negligence' text, symbolizing legal malpractice in Louisiana

As much as a client might feel wronged if they lose a lawsuit, one cannot just file a legal malpractice claim because they lost their original lawsuit. According to Legal Malpractice Law in Louisiana, particular elements must be proven in court. To win a legal malpractice lawsuit, the plaintiff must prove the following:

  • Duty- Your attorney was obligated to act properly, meeting deadlines and representing the client in court and negotiations.
  • Breach- The attorney breached the above duty and was negligent in some legal way.
  • Causation- The conduct of the attorney hurt the plaintiff financially.
  • Damages- The plaintiff suffered financial losses due to the legal professional’s negligence.

 

If you have fallen victim to neglect by a legal professional, then you should contact a Legal Malpractice Law Firm with the knowledge to recover any damages that could be owed to you. If you live in or near East Baton Rouge Parish, Louisiana, call Wimberly Law Firm at (985) 200-8466 for a free consultation.

What Damages Can Be Recovered In A Legal Malpractice Lawsuit?

In other personal injury lawsuits, there are a multitude of damages that a client might demand. There are not so many available in a Legal Malpractice Lawsuit. In most Legal Malpractice Claims, a client can only ask for the amount they would have received had there never been any malpractice in the original case. Those damages include the following:

  • Direct losses. The client has the right to seek any and all fees paid out of pocket.
  • Lost wages. The client can ask for any income that they did not receive due to missing time at work.
  • Loss of potential earnings. The plaintiff may seek any income that they could potentially miss due to injuries or legal proceedings in the future.
  • Emotional distress. Clients often seek compensation for emotional mental trauma suffered.
  • Medical bills. The plaintiff has a right to seek compensation for partial or all the money that they paid toward medical bills for treatments resulting from the case.

Have you been the victim of legal malpractice? The Best Lawyers For Legal Malpractice at Wimberly Law Firm will assist you with your malpractice claim. If you live in or near East Baton Rouge Parish, Louisiana, call (985) 200-8466 for a free consultation.

How Long Do I Have To File A Legal Malpractice Lawsuit In Louisiana?

Legal malpractice document with gavel, representing lawyer services in St. Helena Parish, LA

The statute of limitations to file a Legal Malpractice Lawsuit in the state of Louisiana is one year from the date that the victim knew or should have known about the negligence of the legal professional. This means that victims have one year from the date they noticed the action(s) leading to malpractice to file Legal Malpractice Claims in the state of Louisiana. This is subject to a three-year preemption, meaning that the victim can no longer file a claim three years or more after the service has ended.

If you think you have reason to file a Legal Malpractice Lawsuit, consult with an expert Legal Malpractice Lawyer as soon as possible. The experienced lawyers at Wimberly Law Firm will work to recover the damages that you are owed. If you live in or near East Baton Rouge Parish, Louisiana, call (985) 200-8466 for a free consultation.