Indianapolis Legal Malpractice Attorneys
If you have suffered financial loss due to the negligence of your attorney, you may have a claim for legal malpractice. Proving legal malpractice can be complex and many firms shy away from this type of work. We believe that lawyers, like any other professional, should be held accountable and as a firm we have extensive experience litigating these types of cases throughout Indiana.
Legal malpractice is particularly complex because you need to prove “the case within a case,” as well as the claim against the lawyer for his or her own negligence. In essence, you have to litigate that not only did the lawyer make a mistake thus causing damage, but also prove that the client would have won the underlying case.
Because of the complexity of two cases in one, it’s important to have a firm that not only has litigation experience but more importantly experience with litigating complex matters.
Principal member Ron Waicukauski has a well-deserved reputation for successfully representing numerous clients with their legal malpractice claims. Put our experience to work for you.
What is Considered Legal Malpractice?
Legal malpractice occurs when an attorney’s conduct falls below the standard of care to be expected of a lawyer, causing damage to the client. Examples of legal malpractice include:
- Failure to file a claim within the applicable statute of limitation.
- Failure to read applicable statutory law.
- Insufficient advice concerning a settlement.
- Failure to obtain information about insurance coverage.
- Inadequate investigation of resources.
- Failure to meet a deadline that causes a client’s case to be dismissed.
- Serious mistakes when writing a contract or a will that results in a loss to the client.
It is not legal malpractice just because a client loses a case. There must be evidence that the lawyer handled a matter so poorly as to fall below the standard expected of a lawyer.
On February 29, 2012, Price Waicukauski Joven & Catlin, LLC won a judgment totaling $923,000 following a bench trial on a legal malpractice claim in the Allen County Superior Court. The counterclaim defendants in the case were attorneys from one of Indiana’s largest law firms who had been hired to defend a corporate client against claims involving wrongful death and catastrophic personal injury. A 2001 amendment to the Indiana Worker’s Compensation Act provided a defense that should have been relied upon to obtain an early and inexpensive exit from the 2005 lawsuit. The lawyers, however, did not read the amendment until two years later. In the meantime, substantial and unnecessary expenses were incurred by the corporate client.
Cases of Interest
The issue of excusable neglect often arises in the context of motions under Rule 60(B). And this case shows that when proving excusable neglect, you need to provide more than just argument.
You may think that a favorable outcome in a case is res judicata and prevents relitigating previously litigated issues. But while this is generally true, it is not a universal truth.
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Our attorneys have extensive experience representing individuals and companies. We welcome the opportunity to assist you.
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