Can I Sue My Attorney for Settling My Case Without My Consent?
Posted May 18th, 2022.
Categories: Legal Malpractice.
If you were injured in an accident and employed a personal injury attorney, you likely expected them to help you fight for the compensation you needed for the costs of medical bills, lost wages, and pain and suffering. However, if your attorney ended up settling your case without your consent and you did not get the payment you agreed upon, you may have a valid legal malpractice claim. Read on to see if you have a proper case and how an experienced New Jersey legal malpractice attorney at the Law Offices of Mark S. Guralnick can assist you in taking the next step.
Do I have a legal malpractice claim against my attorney for settling my case without my consent?
Ultimately, you as a client have the final say about whether you want to settle your case or go to trial. It is then your attorney’s responsibility to present you with both options and provide clarity so that you can make an informed decision because once you accept the settlement offer, there is no going back.
With that, your attorney can only go as far as providing their educated recommendations from a legal standpoint, but they cannot accept a settlement offer without your consent. If they do so without your required explicit permission, this may be considered legal malpractice and you may have a case on your hands.
Additionally, if you believe your attorney deceived, pressured, or coerced you to accept a settlement offer that was not in your best interest, this is also fit for a legal malpractice claim.
An exception that may conflict with filing a valid claim is if you had a specific conversation with your attorney where you asked them to accept a settlement that was greater than a certain amount of money. But even in this case, your attorney is required to inform you of the settlement offer before it is accepted.
If you want to fix the wrongs done by your former attorney in your previous case, do not hesitate in reaching out to a skilled New Jersey legal malpractice attorney today.
What is the statute of limitations for a legal malpractice claim in New Jersey?
The statute of limitations for a legal malpractice claim in the state of New Jersey is generally six years from the date of the incident of malpractice to take legal action against your former attorney.
Contact our experienced New Jersey firm
The Law Offices of Mark S. Guralnick is an experienced and committed legal team for clients throughout the state of New Jersey. Our team effectively serves victims of legal malpractice. If you require the services of a dedicated attorney, please contact The Law Offices of Mark S. Guralnick today for a free consultation.