Legal Malpractice Claims
Like any other profession, lawyers in Ontario are not immune to being sued for wrongdoing. Also known as lawyer negligence, legal malpractice occurs when a lawyer or paralegal’s management of a case is not up to the standard of skill or care expected of them.
Foisy & Associates has successfully represented clients who have suffered financial harm caused by a breach of duty by former Ontario legal representatives in the personal injury field, with a particular emphasis on accident benefit cases.
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Lawyer Negligence and Legal Malpractice in Personal Injury
It takes courage to come forward with a claim against a negligent lawyer or paralegal, especially after already suffering due to a personal injury.
When you have entrusted your case to a legal professional, only to be let down, it can feel like a profound betrayal. We recognize the emotional and financial toll this adds to your existing hardships.
Our priority is ensuring our clients receive the support they need to rectify these situations. We are committed to making things right by holding negligent lawyers and paralegals accountable and securing the compensation you deserve. With a compassionate and client-focused approach, we guide you through every step, restoring your faith in the legal system and advocating fiercely on your behalf. Let us help you rebuild trust and achieve the justice you were initially promised.
Has a serious injury changed your life forever?
You don’t have to go through this alone.
Our team offers a compassionate, caring approach to each of our cases. There’s no need to feel like a claim number; you’re a person and deserve to be treated as one.
Work with a personal injury firm that provides legal expertise and the attention to detail you deserve.
GIVE US A CALL AT 905-286-0050Why trust us with your legal malpractice case?
Negligent lawyer claims are more challenging as they require a lawyer to prove that you would have succeeded in your original lawsuit had your initial lawyer not been negligent or breached their financial duty. We ensure the client is well informed and involved throughout the process, emphasizing transparency and responsiveness to their needs.
By combining detailed forensic analysis, expert consultations, and rigorous legal strategy, Foisy & Associates aims to prove that the previous lawyer’s conduct fell below the expected standard of care, securing justice and compensation for our clients. Trust Foisy & Associates’ experience in providing superior representation for these cases and know that we fight to help you receive maximum compensation for your negligence lawyer case.
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Frequently Asked Questions About Legal Malpractice Cases
What is the definition of legal negligence or legal malpractice?
Legal negligence, or legal malpractice, occurs when a lawyer fails to provide competent and professional services to their client, resulting in harm or damage. This can include actions that a reasonably competent lawyer would not have taken under similar circumstances, such as missing important deadlines, providing incorrect legal advice, or failing to investigate a case properly.
How do you prove legal malpractice?
To prove legal malpractice, you must be able to demonstrate the following:
- Duty of Care: The lawyer owed you a duty to provide competent legal representation.
- Breach of Duty: The lawyer breached this duty by acting negligently or failing to act.
- Causation: The lawyer’s negligence directly caused you harm or damage.
- Damages Suffered: You suffered financial or other significant losses as a result.
What does legal malpractice in personal injury cases look like?
Common examples of legal malpractice in personal injury cases include:
- Missed Limitation Periods: Failing to file a claim within the legally required time limits.
- Improper Legal Advice: Advising a client to accept a settlement that is significantly less than the case’s worth.
- Inadequate Investigation: Not gathering necessary evidence or consulting with relevant experts, leading to a weak case.
- Conflict of Interest: Representing clients whose interests are directly opposed, leading to compromised representation.
- Failure to Communicate: Settling a lawsuit or claim without receiving claimants’ instructions beforehand.
What are some specific examples of legal negligence?
Lawyer negligence in Ontario as it relates to personal injury lawsuits can include, but are not limited to:
- Failing to issue a lawsuit within the statute of limitations time prescribed by law.
- Failing to put the at-fault party on notice of your claim within prescribed time limits, affecting prejudgment interest or cost consequences.
- Failing to assess the value of general or special damages before recommending a suggested lawsuit value.
- Failing to claim for certain heads of damages (i.e., out-of-pocket expenses, income losses, etc.)
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This can be a difficult time, with many uncertainties regarding potential claims. We’ll spend as much time as needed to understand you and your unique situation.
To start your free consultation, simply fill out this form or call us at (905) 286-0050.
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