Legal malpractice claims can be challenging. Often, attorneys are hesitant to cast blame on their peers. At the Boughter Law Office, however, we remember that the client is the most important factor in any case. It is the client who will have to suffer the penalties and consequences if we fail to adequately protect his or her interests. Mistakes can happen, but when legal professionals fall below the standard of care, they need to own their mistakes and do what is right for the client. Many times attorneys miss the Statute of Limitation deadline to file your lawsuit or fail to name the correct party. Rest assured, the Boughter Law Office will review your case and if you have a viable claim we will seek to hold the at fault attorney liable for his or her acts or omissions.
Most often, legal malpractice claims stem from the statute of limitations. During a case, certain actions such as submitting paperwork must be accomplished in a specific amount of time. If the proper action is not taken before the specified deadline, there might be serious consequences. If your attorney has not followed the proper procedures, contact our office.
In Indiana, you have every right to hold your lawyer accountable for his or her actions. We will examine court transcripts to determine if legal malpractice can be claimed. Based on errors, simple mistakes or gross miscalculations, our firm will determine the viability of your malpractice case. It is important to remember that a loss in court is not always indicative of legal malpractice. Let a skilled Fort Wayne legal malpractice attorney investigate your claim and provide clear direction about how to proceed.
Will I be charged a fee for a consultation?
Absolutely not. There is never a fee for a consultation.
Will I be billed monthly for any costs?
No. At our discretion, we advance all costs during our representation of you and do not send monthly bills. At the end of our representation, all costs advanced will be clearly itemized for you so you know exactly where every dollar is going.
What’s meant by statute of limitations?
Statute of limitations refers to the need to file a lawsuit within a time limit. In Indiana, most injury cases, such as auto accidents or slip-and-fall claims, have a two-year statute of limitations, but not all. Some lawsuits, such as lawsuits against the government require a notice within a shorter period of time. The time begins to run when a cause of action accrues. A good example is someone negligently running into your car. The statute of limitation begins on the day of the accident. This issue can become more complicated, however. Sometimes, you have no way of knowing that you have a cause of action for years, such as discovering ill effects from taking a medication or being exposed to chemicals. It is important to seek the advice of an attorney and doctor if you suspect that you are having problems but don't know for sure if it relates to the negligence of another or an unreasonably dangerous product.
Do I have to go to court if I want to recover monetary damages?
Maybe. Your case may settle even before your attorney files a lawsuit; on the other hand, it may go all the way to a trial and a jury verdict. The majority of lawsuits are settled before they get to trial, but what happens in your case depends on the facts, the law and the parties involved.
If the accident was my fault, can I still recover compensation?
Some states have no-fault insurance laws. This means that you may be able to make some recovery of economic damages from your own insurance company. In other states, if your fault is found to be over a certain level, it is more difficult to recover compensation. An attorney in your state can advise you on the rules in your area.
Don’t be strong armed by an insurance company, Put a fighter on your side and get the results you deserve.