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You hired an attorney to fight for your compensation—not to let your case fall apart through missed deadlines, ignored evidence, or a settlement that left money on the table. When your personal injury claim fails because of your own lawyer’s negligence, Connecticut law gives you a path to recover what was lost: a legal malpractice claim against the attorney who failed you.
These cases are complex and time-sensitive—Connecticut’s statute of limitations can bar your claim if you wait too long. Our Connecticut legal malpractice attorney explains how to recognize attorney negligence, what you’ll need to prove, and how to protect your rights.
Understanding Legal Malpractice in Personal Injury Cases
Legal malpractice occurs when an attorney fails to meet the standard of care expected in their profession, and that failure harms the client. In personal injury cases, malpractice often involves:
- Missed deadlines, such as failing to file a lawsuit before the statute of limitations expires
- Inadequate settlement negotiations that result in a lower payout than the case was worth
- Poor investigation or failure to present key evidence
It’s important to understand that a disappointing outcome alone does not mean malpractice occurred. You must prove that your attorney acted negligently and that their actions directly caused you to lose your case or receive less compensation than you deserved.
This is known as the “case within a case” concept. To succeed in a legal malpractice claim, you must show that, if not for your attorney’s negligence, you likely would have won or settled your original personal injury case for a higher amount.
Key Signs Your Attorney May Have Committed Malpractice
Recognizing the signs of legal malpractice early can help you protect your rights. Common red flags include:
- Your attorney missed a critical deadline, such as filing your lawsuit before the statute of limitations expired
- Your case was settled without your approval or for significantly less than it was worth
- You were left in the dark because your attorney failed to return calls, provide updates, or explain key decisions
- Important evidence was never gathered or presented
- Your lawyer ignored expert testimony or appeared unprepared for trial
If any of these apply to your situation, start collecting documentation now. Emails, retainer agreements, court filings, and settlement records can all help a legal malpractice attorney evaluate your claim.
What to Do If You Suspect Legal Malpractice in Connecticut
If you believe your personal injury attorney mishandled your case, time is critical. In Connecticut, the statute of limitations for legal malpractice is generally three years from the date of the alleged negligence (Connecticut General Statutes § 52-577). Waiting too long could mean losing your right to file a claim.
Steps to Take Immediately
- Act quickly: Don’t wait to see if things improve. The sooner you act, the better your chances of preserving evidence and meeting legal deadlines.
- Gather all relevant documents: This includes your retainer agreement, emails with your attorney, court filings, medical records, and any settlement offers or agreements.
- Consult a legal malpractice attorney: An experienced lawyer can assess whether your case meets the legal standard for malpractice and help you understand your options.
- Be prepared to explain your original case: You’ll need to show that your personal injury claim had merit and that your attorney’s actions caused you to lose compensation.
Legal malpractice cases often require expert testimony to prove both the attorney’s negligence and the value of the original claim. That’s why early legal review is essential.
Common Misconceptions About Legal Malpractice Claims
Many people misunderstand what legal malpractice is and isn’t. Here are a few common misconceptions:
Misconception: Any loss means malpractice
Not true. A bad result doesn’t automatically mean your lawyer was negligent. You must prove they breached their duty and caused harm.
Misconception: These cases are easy to win
In reality, legal malpractice claims are complex. You need to prove both that your attorney was negligent and that your original case would likely have succeeded.
Misconception: You must file immediately
While Connecticut gives you up to three years, waiting too long can make it harder to gather evidence or find witnesses. Acting quickly is still crucial.
Understanding these facts can help you make informed decisions and avoid unnecessary delays.
How Stanfield Bechtel Law Can Help You Recover from Legal Malpractice
At Stanfield Bechtel Law, we understand the frustration of being let down by the very professionals meant to protect your rights. Our experienced legal malpractice attorneys can assess your case, explain your options, and help you pursue the compensation you deserve. If your personal injury claim was mishandled, don’t wait. Contact us today for a confidential consultation.