Can I Sue My Attorney if He Settled My Case Without My Permission?
Posted February 9th, 2021.
Categories: Legal Malpractice.
Accident victims across the state of New Jersey will frequently turn to the legal assistance of personal injury attorneys who can help them fight for the compensation they need to help cover the cost of various damages, including lost wages from being unable to return to work, the cost of multiple surgeries, the cost of rehabilitation, the pain and suffering they underwent as a result of the accident, and more. Fortunately, New Jersey is full of competent and dedicated personal injury attorney who will consistently fight for their clients’ rights. However, this is not always the case. If you are someone who hired an attorney, thought your case was going well, and then, out of nowhere, you were notified that your attorney accepted a settlement on your behalf without first consulting you, (especially if the settlement was for less than you’d hoped) there is a very good chance that you are now looking to hold that attorney accountable for his actions. Please continue reading and speak with our New Jersey legal malpractice lawyer to learn more about how our firm can help. Here are some of the questions you may have:
Is it legal malpractice if an attorney accepts a settlement without his or her client’s consent?
In almost every situation, yes, this is considered an act of malpractice. However, if you explicitly told your attorney that he or she can accept a settlement any higher than “x,” but no lower than “x,” and he was offered a settlement in that range and accepted, you will most likely not have a legal malpractice claim, as you did give your attorney permission.
How do I sue an attorney for malpractice?
First, you will have to hire a New Jersey legal malpractice attorney who can prove that your initial attorney owed you a fiduciary duty to represent your best interests. You will then have to demonstrate that the attorney breached that duty by accepting a settlement without your consent, thereby resulting in you incurring significant damages as a result. This is not always easy, but our firm has been helping victims of legal malpractice for years, and we are ready to do the same for you.
How long will I have to file a legal malpractice claim in NJ?
The statute of limitations for legal malpractice claims in New Jersey is six years. If you wait any longer than six years after the incident of malpractice, you will be barred from suing. Our firm is ready to help today.
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.