how to sue a lawyer in ga

There are several alternatives to suing your lawyer. If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

Full Answer

Who can sue you in Georgia Magistrate Court?

Together with attorney William Brent Ney, we formed the law firm of Ney Rhein, LLC one of the leading legal malpractice firms in the state. We are ready to take any lawyer to court, from the biggest names in Atlanta to “good-old-boy” practices in rural Georgia. We handle cases in Atlanta, Augusta, Macon, Columbus, and throughout Georgia.

Do I need a lawyer for Small Claims Court in Georgia?

Feb 11, 2021 · A police brutality lawyer is the type of lawyer that should be hired if an individual is looking to sue a cop or law enforcement agency in Georgia. These types of attorneys have experience with handling cases that stem from officer misconduct or corruption within an agency and are familiar with the laws that protect individuals from being ...

How do I sue a lawyer for negligence?

Oct 10, 2016 · You do not need a lawyer. However, you may seek help from a lawyer. Georgia Magistrate Court Rules Hearing Procedures The Legal Terms If you file the– In Georgia, Magistrate Courts let you sue for money claims under $15,000 (fifteen thousand dollars). A Magistrate Judge decides your case after a trial. There is no jury. You do not need a lawyer.

What information do I need to file a lawsuit in Georgia?

May 04, 2021 · A guardian or legal representative would need to file the personal injury lawsuit on behalf of the person. The court could also appoint a person to file a lawsuit for a minor or incapacitated person. Contact the Atlanta Personal Injury Lawyers from Hasner Law PC for Help

How do I sue an attorney in Georgia?

In Georgia, to support a claim for legal malpractice, a client must show that (1) he or she employed the attorney; (2) the attorney failed to exercise ordinary care, skill, and diligence; and (3) such negligence proximately caused the client damages.

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 ...

How do I sue for malpractice in Georgia?

There must be a breach of the duty of care AND damages for a doctor to be guilty of medical malpractice. Additionally, before you can file a medical malpractice lawsuit, you must obtain an affidavit from a medical expert. The medical expert certifies that there is a factual basis for your medical malpractice lawsuit.Jun 5, 2021

How do I file a lawsuit against the state of Georgia?

How do I file a complaint or petition in civil court? You file the complaint or petition with the clerk of court. You generally want to file in the court in the county where the person you are suing lives. Along with the complaint, the court must be told where to serve (give it a copy of it to) the defendant.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

How long do you have to file a malpractice suit in Georgia?

two yearsIn Georgia, the statute of limitations on medical malpractice cases is normally two years from the date of injury or death. This means that you have until the second anniversary of the date that you were harmed by a medical professional to file a lawsuit in pursuit of compensation.

How long do you have to file a lawsuit in Georgia?

In Georgia, there is a two-year statute of limitations for personal injury, fraud, and medical malpractice claims; but personal property, trespassing, and debt collection claims have a four-year limit.

What is the cap for medical malpractice in Georgia?

Georgia has a $350,000 cap in place on non-economic damages in any single medical malpractice claim against health care providers. For claims against a single health care facility there is a $350,000 cap on non-economic damages, which bumps up to $700,000 if more than one facility is deemed liable.

Can you sue for emotional distress in Georgia?

Georgia is one of the few states in the US that does not allow someone to seek emotional distress compensation if they did not also suffer a physical injury. This is called the Impact Rule.

How much does it cost to file a civil lawsuit in Georgia?

Civil Suits|Filing Fee Court costs are County specific, but generally the filing fee is around $58.00. The person you sue must be served the Complaint and Summons by the Sheriff, and you pay a service cost of approximately $50.00 per Defendant.

What is the maximum amount you can sue for in small claims court in Georgia?

$15,000You can ask for up to $15,000 in the small claims division in Georgia Magistrate Court—the court that handles small claims matters in Georgia.

When Can an Individual Sue the Police in Georgia

Police departments, like other public and private entities, can be sued when a wrongful or negligent act is committed which results in an individual suffering physical and/or psychological injuries.

Get Connected with a Georgia Police Brutality Lawyer Now

When an individual’s encounter with a police officer goes bad, the best thing they can do is connect with a police brutality lawyer in their city. A lawyer will not only be able to answer any questions they might have, but they also help a potential victim understand their rights and how they can be properly exercised.

How much money can you sue in Georgia?

In Georgia, Magistrate Courts let you sue for money claims under $15,000 (fifteen thousand dollars). A Magistrate Judge decides your case after a trial. There is no jury. You do not need a lawyer.

How to file a lawsuit in the Magistrate Court?

To file your case in Magistrate Court you must first pay a filing fee. Filing fees are different for each county. You should call the Magistrate Court Clerk’s Office before filing your lawsuit and find out how much you must pay. If you cannot afford to pay the filing fees, you may ask the courts clerk for a Pauper’s Affidavit.

What is a complaint in court?

The person or business you are suing is the Defendant. The complaint is your written statement of why the Defendant owes you money. When you give your complaint to the court, you are filing the suit.

What to do if you can't afford to pay pauper fees?

If you cannot afford to pay the filing fees, you may ask the courts clerk for a Pauper’s Affidavit. This is a statement that says that you cannot afford to pay the filing fees. In some counties you may have to be approved by a judge. The clerk will tell you how to file the Pauper’s Affidavit.

How to win a case?

To win your case, you must prove what the Defendant owes you. Receipts, repair estimates and warranties are evidence that will help you prove your case. If someone knows firsthand about your case, that person is a witness. The hearing where you must prove your case to the judge is the trial. A Magistrate is the judge.

What to do if you win a Fieri case?

If you win your case, you must then get the money that the Defendant owes you. Try to get the Defendant to pay you at once. If the Defendant pays you, tell the judge. If the Defendant does not pay within a reasonable time, you need to file a Writ of Fieri Facias. This is known as a Fi-Fa.

How long before trial do you have to subpoena witnesses?

It is usually a good idea to subpoena the witness at least 24 hours before the trial. The clerk will issue the subpoena to you. It is up to you to give it to the witness in person. You must also give the names and addresses of these witnesses to the clerk at least six hours before the trial. You must be on time.

What does it mean when a person has standing to sue?

When a person has standing to sue, it merely means that the court will hear the person’s case. If a person lacks standing to sue, the court will not hear the case, regardless of whether the person has evidence to prove that the allegations are true. A party bringing a lawsuit must demonstrate they have “standing” to bring the lawsuit.

What are the types of damages in a personal injury lawsuit?

Examples of the types of damages that you could receive after winning a personal injury lawsuit include: 1 Medical treatment, including hospitalizations, physicians’ bills, medications, medical equipment, therapy, etc. 2 The loss of income and benefits, including commissions, self-employment income, bonuses, salaries, wages, and decreases in future earning potential 3 Physical pain, discomfort, and suffering 4 Mental anguish and emotional distress, including PTSD, depression, and anxiety 5 Permanent impairments, disabilities, scarring, and disfigurement 6 The loss of enjoyment of life and decreases in quality of life

What damages do you get for personal injury?

Damages in a personal injury case may include economic damages (financial losses) and non-economic damages (pain and suffering).

What happens if you are partially to blame for an accident?

If you are partially to blame for the cause of your injury, your compensation for damages may be reduced by your percentage of fault for the accident. An experienced trial lawyer uses the evidence to build a case for full compensation of all damages.

What does the jury decide in a personal injury case?

The jury decides whether you prove the elements of negligence to win a personal injury case. However, the judge decides whether you have standing. For example, if a reasonable person could not find causation between your injury and a car accident, the judge may rule you do not have standing.

What does standing mean in a lawsuit?

It’s the first hurdle a person must clear to have their day in court. Standing does not imply that a person will or will not win their case.

Can a minor sue in Georgia?

No, minors do not generally have standing to sue in Georgia. You must be at least 18 years old or an emancipated minor to file a personal injury lawsuit. Until a child reaches. The child’s parents or guardians have the right to file a lawsuit on the child’s behalf seeking compensation for injuries and damages.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

Does losing a case mean you committed malpractice?

It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.

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 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 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 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.

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.

Can a lawyer make mistakes?

Lawyers may make mistakes from time to time. A claim of malprac tice 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.

How long do you have to file a lawsuit in Georgia?

For most lawsuits, you must file your paperwork within two years of the problem arising. Be sure you research the statute of limitations for your claim and file your suit on time.

What is the limit for small claims court in Georgia?

You need to identify your dispute before filing a case in court. Specifically, you need to make sure that the damages you are suing for do not exceed $15,000, which is the limit for small claims court in Georgia. Common disputes handled in small claims court include: landlord-tenant disputes. refusal to return borrowed property.

What is the burden of proving that the defendant wronged you in the way that you claim?

Accordingly, if you claim that the defendant sold you a defective product, you need to produce the product and show that it is defective.

What happens if you don't agree with the judge?

If you can, then you should go inside and tell the judge. If you can’t agree, then you will proceed to the hearing.

Where do you file a lawsuit against a corporation?

However, the rules are different if you are suing a corporation. You need to sue a corporation in the county where the corporation’s registered agent is based. If the business is unincorporated, then you file in the county where the business is located.

Can a parent sue a minor?

For example, You could have a parent sue on your behalf. If you are trying to sue a minor, you can choose to do so directly or through their parent or guardian. Gather relevant documents. Before filing, you should find copies of documents related to your dispute.

Can you sue in small claims?

Check if you can sue in small claims. Certain cases cannot be brought in Magistrate Court, regardless of the amount of money in controversy. For example, you cannot bring family law matters such as divorce or child support. Also, no case can be brought which decides ownership or interest in real estate. You also cannot bring a case that asks the ...

How long does it take to answer a lawsuit in Georgia?

Answers, Counterclaims, and Jury Trials in Georgia. The defendant must answer within 30 days to avoid default (losing automatically)—although as with all information, you should verify it with your local court. For instance, the Fulton County website states that the defendant has 45 days to file an electronic answer.

What do you need to file a claim in Georgia?

In Georgia, you'll complete a "Statement of Claim.". You'll need the name and address of the person or business you're suing (the defendant). You'll also need the details about your claim, including the date the claim arose and the amount you intend to ask for in damages.

What does the magistrate court clerk do in Georgia?

The magistrate court clerk will serve the defendant with the summons to appear at the small claims trial and a copy of the claim itself.

How long does it take to file a small claims lawsuit in Fulton County?

For instance, the Fulton County website states that the defendant has 45 days to file an electronic answer. A defendant who believes the plaintiff owes money in a matter related to the small claims can file a counterclaim for up to $15,000. In small claims court, you won't need to worry about details like choosing a jury.

How much can you recover in Georgia eviction court?

But it might not be worth it because of the complicated rules and costs of hiring an attorney. You can recover up to $15,000 in the small claims division of Georgia magistrate courts (no limit in eviction cases). If you need an order to make someone do or stop doing something, other courts are available.

What happens if you file in the wrong court?

If you file in the wrong venue, the defendant can ask the court to dismiss the action.

How much can you recover in Georgia in small claims?

Because of the relaxed procedures, the amount a litigant can recover is less than other courts. In Georgia, it's limited to $15,000 (as of February 2020) but unlimited in eviction actions. If you want more, you'll have to go to another court.

How long does it take to file a medical malpractice lawsuit in Georgia?

Georgia has a two-year statute of limitations for filing medical malpractice lawsuits. If you were not aware that a doctor’s error caused your injury, the time to file your lawsuit begins when you should have reasonably discovered the injury.

How long do you have to file a medical malpractice claim?

When medical malpractice involves a foreign object left in the body, you have one year from the date you discover the object to file a medical malpractice claim. This exception does not apply to chemical compounds or prosthetic aids.

What are some examples of damages in medical malpractice?

For example, damages in medical malpractice claim may include: The cost of diagnosing the injuries and harm caused by medical malpractice. Cost of additional medical care and treatment. Personal care and in-home health care services.

Can a doctor be guilty of medical malpractice?

There must be a breach of the duty of care AND damages for a doctor to be guilty of medical malpractice. Additionally, before you can file a medical malpractice lawsuit, you must obtain an affidavit from a medical expert. The medical expert certifies that there is a factual basis for your medical malpractice lawsuit.

Is there a cap on medical malpractice in Georgia?

Today, there is no cap on the amount of money you could receive for a medical malpractice claim.

Who Am I Suing?

Know ahead of time that when you try to sue a public school, you are actually suing the government. Why is that important? Public schools, as government institutions, enjoy special government immunity from certain kinds of liability.

Public vs. Private Schools

If your child attends a private school you'll probably have a relatively easier time bringing a lawsuit. Government immunity laws don't protect private schools unless they receive federal funding. Your options include a suit for negligence, breach of contract issues, or simply filing a claim with the school's insurance policy.

Grounds for Your Lawsuit Against a Public School

There are several reasons you may want to file a lawsuit against your Atlanta public school district. If your child was injured at school, you might want to file a negligence lawsuit. Other reasons parents sue their school include:

But Isn't the Government Immune From These Lawsuits?

Like we mentioned before, the county and its employees are immune from most lawsuits. Check out O.C.G.A. section 36-1-4 if you want to see for yourself. However, if your child was injured or killed on a bus or other school-operated motor vehicle, you can sue outright.

Can I Personally Sue a Teacher or Administrator Employed by the County?

If you can't sue the school district, you can try suing the actual teacher. In Georgia, you can personally sue the teacher or administrator (not the County), but only for intentional acts or those done with malice. You can almost always bring suit against a government employee for physical and sexual abuse, battery, assault and false imprisonment.

Can I Personally Sue a Teacher or Administrator Employed by the County For Negligence?

Now the waters get murky. What if the teacher is merely negligent and my child gets hurt? Well, the law is protective of teachers, countywide school board members, educators, principals and, school resource officers employed by the school district.

The Role of Ante Litem Laws When Suing a School Entity in Georgia

Last, but not least, you should know that any time you sue the government in Georgia, you'll have to follow the "ante litem" laws. Ante what? Simply put, it means there is a strict time limit and notice requirement for filing your claim against the school district or school employee.