What Happens if My Lawyer Sues the Wrong Person?

Posted February 2nd, 2021.

Categories: Legal Malpractice.

When someone is injured in an accident due to no fault of their own, they will often turn to personal injury attorneys to fight for their rightful compensation. However, unfortunately, there are times where attorneys will actually sue the wrong person, thereby missing the statute of limitations on behalf of their client and losing the case. While this may sound unbelievable, it happens more than you may think. If this has happened to you, then you must continue reading and speak with our experienced New Jersey legal malpractice attorney today to learn more about how we can assist you through every step of the process ahead. Here are some of the questions you may have:

Is it legal malpractice if my attorney sued the wrong person?

Yes. For example, if you were injured in a slip and fall accident on a sidewalk due to unsafe sidewalk conditions, your attorney will have to sue the correct party. If your attorney sues who he or she believes is the property owner for your injuries, though your attorney was supposed to sue a municipality that truly owned the property, there is a very good chance that you will lose your case as a result of your lawyer’s negligence.

How do I file a legal malpractice claim?

To win a legal malpractice claim, your New Jersey legal malpractice attorney will have to demonstrate several things in your lawsuit. You will first have to demonstrate that the attorney in question owed you a duty of care, meaning that you were, in fact, that attorney’s client. You will then have to prove that the attorney breached his or her fiduciary duty, which resulted in you sustaining significant financial damages as a result. This is not always easy, but our firm is ready to fight for the compensation you deserve and need, every step of the way.

What is the statute of limitations for legal malpractice claims in New Jersey?

Every state has a statute of limitations when it comes to legal malpractice claims, and New Jersey is no different. The statute of limitations for legal malpractice claims in New Jersey is, generally, six years, which means that you must not wait any longer than six years from the date the malpractice occurred to take legal action against your attorney. Failing to sue within this timeframe will most likely result in you being permanently time-barred from pursuing legal action. Our firm is ready to assist you today–all you have to do is pick up the phone and give us a call.

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.

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