Timeline for Resolving Legal Malpractice Cases: From Initial Assessment to Settlement

Legal malpractice lawsuits can be complex and lengthy due to the intricacies involved in proving that an attorney breached the standard of care and caused harm or loss to you. This article provides an overview of the timeline for resolving such lawsuits, covering key phases from the initial assessment to eventual settlement.

Initial Assessment and Attorney Selection

The process begins with a detailed evaluation of your case by a qualified legal malpractice attorney. This phase involves reviewing the actions or inactions of your former attorney and assessing the impact on your case. There are several steps involved:

Reviewing your previous legal matter and relevant documents. Identifying the key issues and understanding the standard of care required. Assessing the evidence available for a potential case.

Selecting an experienced attorney is crucial as these cases require a thorough understanding of both the specific area of law and malpractice law. This initial phase can take several weeks to months, depending on the complexity of your situation and the clarity of evidence available.

Investigation and Filing the Lawsuit

Once you have engaged a competent attorney, the next step is to conduct a comprehensive investigation to gather necessary evidence. This may include:

Obtaining and reviewing legal documents. Consulting with experts in the relevant legal field. Identifying how the standard of care was breached.

After assembling sufficient evidence, your attorney will file the lawsuit. This process typically takes several months.

The Discovery Phase

The discovery phase is similar to other types of lawsuits, where both sides exchange information and take depositions. This stage is crucial as it involves proving both a breach in the standard of care and a direct causal link to your damages. Given the complexity of the case, this phase can be lengthy, often lasting from six months to a year or more.

Negotiations and Mediation

Settlement negotiations can begin at any time and are often more likely after the discovery phase provides a clear picture of each party's position. Settlements can be direct or involve mediation. The time required for this phase varies greatly depending on the willingness of both parties to compromise and the complexity of the issues.

Legal Malpractice Trial

If settlement negotiations fail, the case may proceed to trial. Preparing for and conducting a trial in a legal malpractice lawsuit is a significant undertaking, involving presenting expert testimony on the standard of care and causation. The trial itself, along with waiting for a court date, can extend the timeline by a year or more.

In conclusion, the timeline for resolving a legal malpractice case varies widely depending on the specifics of your case. Each step is crucial in building a compelling claim for malpractice and securing the compensation you deserve. Patience and trust in your legal representation are key as they navigate this complex legal journey on your behalf.