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Navigating a personal injury claim is challenging enough without the stress of feeling that your attorney has screwed up your case. If you believe your attorney has messed up your case, it is important to understand your rights. Legal malpractice laws exist in Oregon to protect clients harmed by their attorney’s negligence. But what is legal malpractice, and how does it apply to personal injury cases in Oregon?
Yes, you can sue your attorney for legal malpractice in Oregon. However, you will typically only be successful in very limited circumstances, such as when your attorney acted negligently, breached their fiduciary duty, or breached a contract with you.
Legal malpractice is not just an unsatisfactory result in your case. Instead, malpractice occurs when your attorney fails to provide the representation that another reasonable attorney would provide under similar circumstances, causing your harm.
You have several rights as a personal injury client in Oregon, including the following:
It can be frustrating to think your rights as a personal injury client have been violated. Consider speaking with your attorney directly about any concerns you have.
Clients often believe their attorney screwed up their case for several common reasons. However, not all rise to the level of legal malpractice.
Reasons you may think your attorney messed up your personal injury case include:
The top two reasons for complaints against attorneys have been neglect and lack of communication, according to the American Bar Association.
The statute of limitations for filing a legal malpractice lawsuit in Oregon is generally two years from the date you discovered or should have discovered the malpractice. This means that if you realize your attorney made a significant error that harmed your case, you must file your lawsuit within two years of that date. Failing to file your lawsuit in time will cause you to lose your right to do so. There are some exceptions to this strict rule, but you should contact an attorney as soon as possible if you suspect malpractice has occurred in your case.
It is natural to have questions if you suspect your attorney screwed up your personal injury case. Some common questions include:
Clients generally own their case files in Oregon. Oregon ethics rules state your attorney must provide you with your file upon request. However, there may be some documents you are not entitled to receive. If you decide to switch attorneys or need it for another reason, your current attorney should promptly comply with your request.
Failing to respond to your questions is not necessarily malpractice. However, it may be a sign of negligence or a breach of that duty to communicate that harms your case. You may seek a second opinion or consider filing a complaint with the Oregon State Bar if your lawyer consistently fails to answer your questions or keep you informed.
No, your attorney cannot settle your personal injury claim in Oregon without your explicit consent unless you previously delegated authority for them to do so. Settlements are binding agreements, and you have the right to accept or reject any settlement offer present, even if your attorney believes it is inadequate compensation. You may have grounds for a legal malpractice claim if your attorney settles your case without your permission.
Losing your personal injury case does not automatically mean your lawyer committed malpractice. To succeed with a malpractice claim, you must generally prove that your attorney’s negligence or misconduct directly caused the loss of your case. This could involve demonstrating that another attorney would have likely achieved a different outcome under similar circumstances. However, it is important to know that differences in opinion on case strategy or evidence to present at trial do not meet this standard.
Receiving lower compensation than anticipated is not necessarily malpractice. Every personal injury case is different, and several factors beyond your attorney’s control will affect what your case may be worth. However, if your attorney’s actions directly resulted in a reduced settlement or judgment, you may have grounds for a malpractice claim. This could include missing deadlines or failing to communicate settlement offers promptly.
If you believe your attorney mishandled your personal injury case in Oregon, it is important to seek a second opinion from a Portland personal injury lawyer. We can review your case, evaluate whether malpractice occurred, and help explain your options. Contact Tillmann Law Personal Injury Lawyers to schedule a consultation today.
