Legal Question in Personal Injury in Virginia

is it malpractice if your lawyer settles with you but not the insurance company you're suing because he forgot to file on time but told you he did?

Asked on 3/15/16, 7:41 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, what you've described (if all true) could certainly amount to a finding of attorney malpractice

and be considered for possible sanctions by the state bar to which this errant attorney belongs.

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Answered on 3/15/16, 7:58 am
Gary Mims Sickels, Frei & Mims

Yes, but depending on the facts (what your case was worth vs what he settled with you for) there may be no damages---problem is if you settled with him and did so without a different lawyer he had a conflict---you should talk with a lawyer.

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Answered on 3/15/16, 8:03 am

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