Legal Malpractice

Understanding the claim

Legal malpractice claims concern a lawyer’s breach of a professional duty that causes damage to a client. An unfavorable outcome alone does not establish malpractice. Evaluating a claim requires examining the representation, the alleged failure, and how it affected the underlying matter.

Legal malpractice claims often involve a “case within a case.” This means examining both the attorney’s alleged negligence and the underlying legal matter to show how the outcome would have been different without that negligence. It is not enough simply to identify a mistake; the claim must connect that mistake to an actual loss. These overlapping issues can make legal malpractice claims particularly complicated. Having an attorney carefully review the original case, relevant records, and applicable law is an important step in understanding whether you have a claim. Mortimer Injury Law can review your circumstances and explain your options.

How Mortimer Injury Law can help

Mortimer Injury Law works to collect, preserve, and evaluate your legal file, court records, communications, and information about relevant deadlines. We examine the underlying matter, assess whether an alleged error caused a recoverable loss, and explain whether our office can assist.

Willing to take your case to trial

Mortimer Injury Law is willing to take cases to trial. We pursue fair settlements, but when the other side will not offer appropriate compensation, we are prepared to present your case in court. Sometimes trial is the only way to pursue the justice and full compensation available under the law. We explain the options and work with you to decide the right path for your case.

Helpful information to discuss

The engagement agreement, your legal file, court documents, communications with your former lawyer, and important dates.

Every case is different. The facts, applicable law, and available evidence determine the options and potential recovery. No outcome is guaranteed.