My Attorney Screwed Up My Case…What Are My Rights?

If you’ve hired a personal injury or car accident attorney in Dallas, TX, and feel that your case is being mishandled, you’re not alone. It’s an unfortunate reality that, in some situations, clients experience frustration and disappointment when their attorney fails to deliver the results they expected. Whether it's a lack of communication, a missed deadline, or an incorrect legal strategy, these issues can lead to serious consequences for your case. So, what can you do if you believe your attorney has “screwed up” your case? Do you have any rights, and how can you move forward?

In this article, we’ll explore what it means for an attorney to mishandle a case, your rights as a client, and the steps you can take to protect yourself if you find yourself in this situation.

What Constitutes "Screwing Up" a Case?

The first step in understanding your rights is identifying what exactly constitutes a failure in handling your case. Legal malpractice can take many forms, but the most common include:

• Failure to meet deadlines: Attorneys have strict deadlines to follow, especially in personal injury, wrongful death, or car accident cases. These can include statutes of limitations, court filing deadlines, or even deadlines for submitting evidence to insurance companies. If an attorney misses a deadline and harms your case, this could be considered legal malpractice.
• Lack of communication: Effective communication is a critical component of the attorney-client relationship. If your attorney fails to keep you updated on the status of your case, doesn’t return phone calls, or doesn’t explain things clearly, it can lead to confusion and missed opportunities for your case.
• Failure to investigate or gather evidence: Another key part of a successful case is the investigation. If your attorney does not fully investigate the circumstances surrounding your accident, neglects to gather critical evidence, or fails to hire experts when necessary, this could severely damage your case.
• Poor legal strategy: An attorney is responsible for devising an effective legal strategy tailored to your case. If they fail to investigate all the facts, present the best possible legal arguments, or make poor decisions that hurt your chances of success, it may be a sign that they mishandled your case.
• Conflict of interest: In some cases, attorneys may have a conflict of interest, where their personal interests or relationships with opposing parties affect their ability to represent you effectively. If you suspect that your lawyer’s actions are motivated by a conflict of interest, it’s important to address the issue immediately.

If you believe your case was mishandled, seeking a second opinion from an experienced attorney can help you understand your options and determine the best path forward to protect your rights.

Your Rights When Your Attorney Fails You

If you feel that your attorney has mishandled your case, you have several rights that can help protect you, including:

• The right to terminate the attorney-client relationship: You can fire your attorney at any time if you're dissatisfied with their services. While resolving issues first is ideal, you have the right to seek new representation if your lawyer isn’t acting in your best interest. To do so, provide written notice and ensure a smooth transition to a new attorney. You may also need to inform the court or opposing party of the change.
• Right to recover damages: If your attorney’s mistakes caused you to lose your case or suffer financial harm, you may be entitled to recover damages through a legal malpractice claim. This claim would be against the attorney for failing to meet the professional standard of care expected of them.
• Right to report the attorney: If your attorney’s actions violate ethical or professional standards, you can file a complaint with the state bar. In Texas, this is done through the State Bar of Texas, which investigates misconduct and can impose penalties, from reprimands to disbarment. However, this process is separate from a legal malpractice lawsuit and typically does not result in financial compensation. Instead, it holds the attorney accountable for their actions.

When an attorney mishandles your case, you have the right to protect yourself and seek justice.

What Steps Should You Take if You Think Your Lawyer Has Mishandled Your Case?

If you suspect that your lawyer has made a mistake, there are a few steps you can take to protect your rights:

• Assess the Situation: Before jumping to conclusions, take a moment to evaluate the situation. Are you dissatisfied with the outcome so far, or has your lawyer made a significant error in their actions? Keep in mind that personal injury and car accident cases can take time to develop and sometimes may not go as quickly or smoothly as you hope.
• Communicate Your Concerns: If possible, have an honest discussion with your lawyer. Express your concerns and ask for clarification. Sometimes, a misunderstanding or miscommunication can lead to frustration. A good attorney should be willing to listen and work with you to address your concerns.
• Get a Second Opinion: If your concerns remain unresolved, it’s a good idea to seek a second opinion from another lawyer. They can review your case and your attorney’s actions to provide advice on whether there have been mistakes or missteps.
• Consider Changing Lawyers: If you’ve lost confidence in your current lawyer, it may be time to find a new attorney. Switching lawyers during an ongoing case is possible, but you’ll need to make sure that the transition is smooth to avoid jeopardizing your case.
• Consider Legal Malpractice Action: If you believe your lawyer's actions have caused you financial harm or hurt your case, you may need to pursue a legal malpractice claim. In this case, working with a legal professional who specializes in malpractice claims is essential.

Taking proactive steps can help you regain control of your case and work toward a better outcome.

Resources and Further Reading

If you're facing a situation where you feel your attorney mishandled your case, it's important to take quick action. Understanding your rights and the next steps can make a difference in your case.

For more information on legal malpractice claims, you can explore the following resources:

• State Bar of Texas Grievance Process
• Texas Legal Malpractice Claims – Understanding the Law

These resources can guide you as you evaluate your situation and decide on your next move.

Schedule a Free Consultation if Your Attorney Screwed Up Your Case

If you believe your attorney has mishandled your case or failed to act in your best interests in Dallas, TX, it’s crucial to understand your rights. The Dallas personal injury lawyers at Bush Personal Injury and Car Accident Lawyers LLC can help you assess whether you have a case for legal malpractice and assist in the transition to new legal representation if needed. Our attorneys are committed to providing you with the best possible service and protecting your rights every step of the way. Contact us today for a consultation to discuss how we can help you get back on track.

Contact the Dallas Personal Injury Law Firm of Bush Personal Injury and Car Accident Lawyers LLC Today For Help

For more information, please contact the Dallas personal injury law firm of Bush Personal Injury and Car Accident Lawyers to schedule a free consultation today.

Our office is conveniently located in Dallas, near the Dallas Downtown Historic District. We serve statewide throughout Texas.

Bush Personal Injury and Car Accident Lawyers LLC

701 Commerce Street, Suite 703
Dallas, TX 75202
(214) 615-6394