how to sue a lawyer for malpractice in rhode island

Most legal malpractice cases are based on negligence. To win this type of case, you must prove all of the following: Your lawyer owed you a duty to competently represent you. Your lawyer breached that duty.

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Should I Sue my Lawyer for legal malpractice?

If your lawyer made a big mistake, you might have a legal malpractice case. Are you unhappy with your lawyer’s services or how your lawyer has handled your case? If so, you might be considering filing a lawsuit for legal malpractice. Suing your lawyer for malpractice can be a helpful way to get compensation for your losses.

When does a negligent lawyer commit malpractice?

A negligent lawyer fails to uphold this requirement, resulting in a less favorable result for their client. When a negligent lawyer falls below this standard of care, they have committed legal malpractice. What are Some Examples of Legal Malpractice?

How do lawyers get paid for legal malpractice cases?

Lawyers often take legal malpractice cases on a contingency fee basis—which means they take a percentage of your award or settlement rather than charge you by the hour. Because they don’t get paid if you lose, lawyers will carefully evaluate your case and consider whether it’s worth risking the time and emergency to take the matter to trial.

What are the common grounds for a malpractice lawsuit?

Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial,...

How do you prove negligence malpractice?

To prove that medical malpractice occurred, you must be able to show all of these things:A Doctor-Patient Relationship Existed. ... The Doctor Was Negligent. ... The Doctor's Negligence Caused the Injury. ... The Injury Led to Specific Damages. ... Failure to Diagnose. ... Improper Treatment. ... Failure to Warn a Patient of Known Risks.More items...

What is the statute of limitations for medical malpractice in Rhode Island?

three yearsRhode Island's statute of limitations for medical malpractice lawsuits can be found at Rhode Island General Laws section 9-1-14.1, and it gives a potential medical malpractice plaintiff three years to get the case filed in the state's civil court system.

How do I get a malpractice attorney to take my case?

6 Steps To Hire A Medical Malpractice AttorneyCheck the statute of limitations.Initiate your medical malpractice claim.Find a qualified medical malpractice attorney.Determine how much the attorney will charge.Prepare questions for the consultation, and get answers.More items...•

Can you sue the state of Rhode Island?

Fortunately, Rhode Island law allows Rhode Island personal injury attorneys to sue Rhode Island and its municipalities for many tort injuries as if the government entity was a private individual.

What are the statute of limitations in RI?

In Rhode Island, there is no statute of limitations for murder, arson, burglary, counterfeiting, robbery, rape, sexual assault, child molestation, and other serious crimes. That means people can be charged with these crimes no matter how much time has passed.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

How long does it take to file a malpractice case?

The time limit for filing a legal malpractice case can be as short as one year.

What are the three types of lawsuits against lawyers?

Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...

What is a breach of fiduciary duty?

Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.

What is a breach of contract?

Breach of contract. Breach of contract occurs when a lawyer violates a specific term of the lawyer’s agreement with a client. For example, if your contract says that your lawyer will create a corporation for you by a certain date, the lawyer must stick to that agreement. Breach of fiduciary duty. Lawyers owe certain fiduciary duties ...

What happens when an attorney fails to use the skill and care normally expected of a competent attorney?

It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...

What happens if your lawyer doesn't listen to you?

If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss —for example, if your lawyer took fund from your client account.

Is it malpractice to be a lawyer?

However, it’s not malpractice unless your lawyer fell below the standard of care. The third element is perhaps the most difficult to prove. It’s not enough that your lawyer breached his or her duty.

Holding Legal Professionals Accountable for Negligence & Wrongdoing

Decof, Barry, Mega & Quinn, P.C. helps clients in legal malpractice cases when lawyers fail to act in accordance with their professional obligations to their client.

Types of Legal Malpractice & Your Right to Justice

Legal professionals have a duty to uphold stringent standards. Our firm helps protect clients’ interests when professionals in Rhode Island fail to do so. Our firm provides sound analysis of attorney conduct and helps clients hold their lawyers accountable for negligent conduct that impacts their legal rights.

How to pursue a malpractice case?

Before pursuing a legal malpractice case, pull together all relevant documents and information. Collect communications between you and your lawyer as well as information about the case that led you to hire the attorney in the first place.

What is negligence malpractice?

Damages in a negligence malpractice claim are quantified by what was recovered and what would have been recovered but for the attorney’s negligence. A typical example of negligence occurs when an attorney fails to file a case before the statute of limitations expires.

What are the common mistakes lawyers make?

However, we tend to see common mistakes that lawyers make over and over, including: 1 Inaccurate billing; 2 Missed deadlines; 3 Failing to communicate with the client; 4 Settling a lawsuit without the client’s consent; 5 Giving inaccurate legal advice; 6 Stealing or losing money or property that belongs to the client; 7 Incompetently drafting legal documents that do not protect your rights; 8 Failing to file a case before the expiration of the statute of limitations; and 9 Taking a case despite an existing conflict of interest.

What happens when a negligent lawyer falls below the standard of care?

When a negligent lawyer falls below this standard of care, they have committed legal malpractice.

What is breach of care?

Breach. A breach occurs when a lawyer fails to exercise reasonable care in your representation. For example, if the standard of care includes filing pleadings on time and your attorney misses an important deadline, they will have breached the standard of care.

Do lawyers have to keep a copy of a malpractice case?

Additionally, your lawyer is required to maintain a copy of your entire file, and give you notice before they destroy it. If you have a legal malpractice case you should obtain your file or hire an attorney who will obtain it for you.

Can a lawyer file a grievance in Connecticut?

In some situations, you can file a grievance but the grievance does not get the client compensation for their financial losses.

Objectionable Inactions

Legal malpractice claims can be filed for several objectionable attorney inactions. To qualify as malpractice, you must prove that the lawyer’s representation prevented you from receiving the appropriate result in your case. Such claims typically include:

Protecting Your Rights

Our Rhode Island firm, led by Robert M. Brady, Attorney at Law, has more than 30 years of experience helping clients file legal malpractice claims. Our goal is to protect your right to appropriate legal representation and compensation.

The Process

Many people have a misconception about the process. We can help you better understand the steps in your malpractice claim. We can explain how the other lawyer’s conduct affected your case. After reviewing your claim with you, we can help ensure that your expectations are met.

Free Consultation

If another attorney failed to properly protect your rights, please call us at 401-437-4229 or send us an email for a free consultation.

1. Was Your Medical Treatment Below A Standard Of Care?

We must show that the injury was caused by a decision or course of conduct that was below an accepted standard of medical care, and we will need to employ one or more medical experts to prove that fact

2. Was The Injury Permanent And Significant?

We must prove to the court that your injury was not only serious, but that it was permanent. If you’re going to recover from that injury, then we may not have a case.

3. Was The Injury Caused By The Substandard Care?

Very simply put, we have to prove a link between the substandard care and the serious, permanent injury that you received. Again, we will often employ outside experts who know about your type of injuries.

Misdiagnosis

If your doctor took every standard precaution and followed accepted medical procedures, but arrived at the wrong diagnosis, it does not necessarily mean they were negligent.

Improper Treatment

We must also prove that the medical treatment prescribed and followed for your diagnosed disease or injury met acceptable medical standards. That includes X-rays, MRIs and other test results that were read properly and used appropriately to guide treatment options.

Resulting Injury

Proving misdiagnosis and inappropriate medical treatment may not be enough to prove that your medical care did not meet the expected standards, unless you can also show that the treatment you received caused you additional medical harm.

Questions We Ask In Medical Malpractice Cases

If you suffered an injury and financial loss after receiving treatment by a doctor, surgeon or other health care provider, we ask these three basic questions:

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Rhode Island lawsuits and disputes attorneys

If you make a big purchase and later decide you to return the item, what can you do if the store refuses to refund your money? You can file a lawsuit and proceed with litigation, but the process can be costly and time-consuming. The law provides several other methods to resolve disputes and all offer unique advantages.