What damages can I recover if my lawyer committed malpractice?
The types of damages you can recover against a lawyer in a legal malpractice case are dependent upon the type of malpractice it's been committed. Let's say, for example, that your lawyer mishandled your lawsuit against a third party and you would be entitled to recover the amount that you would have been able to recover in that third party lawsuit against your lawyer for malpractice. Additionally, you would be able to recover prejudgment interest in most instances, however, you would not be entitled to recover pain and suffering or non-economic damages.
What can I recover if I win my Florida medical malpractice case?
The types of damages you can recover in a medical malpractice case fall into three categories, past and future medical expenses, past and future wage loss where appropriate and past and future pain and suffering. However, those damages are going to be limited by any amounts that were paid for by your insurance company for any governmental agency, such as Medicaid and Medicare.
What is considered malpractice with an accountant?
The standards of conduct of accountants are governed according to publications by the Florida Institute of CPAs and by the American Institute of CPAs. When an accountant falls below the standard of care of other similarly qualified accountants, they've committed malpractice. Most typically, those areas of malpractice fall into tax accounting and auditing.
Does a bad outcome from a doctor mean that medical malpractice has occurred
It's frustrating sometimes for clients to learn that a bad outcome does not necessarily mean that they have a lawsuit for malpractice. In order to file a malpractice lawsuit against the healthcare provider, another similarly qualified healthcare provider needs to swear under oath that the target healthcare provider committed malpractice and that that malpractice caused you some harm.
How do I prove that my insurance agent committed malpractice?
Much like other types of malpractice or professional malpractice, in order to prove that your insurance agent has committed malpractice, you're probably going to need the services of an expert witness who will testify on your behalf that the insurance agent fell below the standard of care and that that failure caused you damages.
What are common examples of real estate malpractice?
The most common types of malpractice committed by real estate agents are failure to disclose. For example, failure to disclose commissions, failure to disclose agreements with third parties, failure to disclose conflicts of interest, failure to disclose problems with the property, failure to disclose zoning problems, things like that
Can I recover damages if i sue an insurance agent for malpractice?
You can recover damages against an insurance agent who has committed malpractice, but generally speaking, those damages are going to be limited by the policy limits of the insurance policy that the insurance agent failed to secure on your behalf, or the amount of the claim. You should definitely seek a lawyer who specializes in insurance agency cases before filing suit.
What do I need to bring to the initial consultation with my attorney in my Florida medical malpractice case?
There are a variety of documents that you can bring with you during your initial consultation with your lawyer, which will be helpful. For example, you could bring with you your driver's licence, all medical records that you have at this point, explanations of benefits, your insurance card, your Medicare card, your Medicaid card, and a list of your medical providers, including their addresses and the correct spelling of their names, as well as their telephone numbers.
What damages can I recover if my real estate agent committed malpractice?
There are two types of damages available to a person who's been wronged by a real estate malpractice, loss of profits or out-of-pocket expenses. You can recover one or the other, but not both.
How long is the securities arbitration process?
Securities arbitration is handled by the financial institution regulatory authority. It's handled by between one and three arbitrators, depending upon the amount of the claim. It generally takes between 6 and 18 months.
Can I sue an insurance agent for malpractice?
You can always sue an insurance agent for malpractice. Before doing so, I suggest that you contact a lawyer who specializes in that area of the law. If you were currently involved in a dispute with your insurance company, and it's involved in a lawsuit, you may need to await the outcome of that suit before you actually file suit against the insurance agent
What do I need to do if I suspect a lawyer has mishandled my lawsuit?
In situations where a lawyer has mishandled your lawsuit with a third party, you need to show what the ultimate outcome would have been if he'd handled the lawsuit correctly. Oftentimes, this requires you to retry both the initial lawsuit as well as the malpractice lawsuit at the same time.
What are my rights if an accountant commits malpractice?
If you believe that your accountant has committed malpractice, the first thing you should do is you should get back your file. They're going to be unwilling to produce that to you. You should tell them that, "My lawyer will get it if you are unwilling to provide it to me." If it's a tax-related issue, you still need to pay the tax that is being assessed by the IRS.
How do I know if my lawyer committed malpractice?
In order to determine whether or not your lawyer has committed malpractice, the file needs to be reviewed by an expert. In Florida, in order to prove malpractice against the lawyer, you need to have a similarly qualified lawyer review the file and render an opinion that the first lawyer committed malpractice, and second, that that malpractice caused you some harm. The only exception to that is where a statute of limitations has expired.
Does my lawyer have to keep our communication confidential?
Generally speaking, communications with a lawyer are confidential. There are a variety of exceptions, however. The most common exception is where you have made a claim against your lawyer for legal malpractice. He is entitled to disclose as much of the conversation as is necessary in order to defend himself. A second exception is when you bring other people into the room and have conversations with other people. Those conversations are no longer confidential. A third is when you notify the lawyer of your intention to commit a crime.
Can I recover damages if I sue an accountant for malpractice?
Can I fire my real estate agent?
Some people would like to fire their real estate agent. Before doing so, you should contact a lawyer. The reason is that the rights and obligations between you and your real estate agent are most likely going to be governed by your contract with your real estate agent. If you're a seller, that's going to be the listing agreement. So if you go ahead and fire your real estate agent prematurely, you might end up having to pay two real estate commissions.
Does a conflict of interest exist if my attorney has a friendship with the attorney for the opposing side?
Just because your lawyer has a friendly relationship with opposing counsel does not create a conflict of interest. Conflicts of interest are created when your lawyer has more than one client. Say, for example, you and your wife would like just one lawyer to handle the divorce. While there is an inherent conflict of interest in representing both parties, that conflict, however, can be avoided with full disclosure and agreement by both sides.
Can I sue an accountant for malpractice?
If you believe that your accountant has committed malpractice, you should see an attorney as quickly as possible. There is a two-year statute of limitations to bring a lawsuit for malpractice against an accountant. It's going to require the lawyer to hire an expert to review your files to determine whether or not there is grounds for a case against the accountant.
How are damages calculated in securities arbitration?
Damages in securities arbitration are calculated in a variety of ways. The most typical ways, through trading losses. Let's say, for example, that you bought a stock for $10 and sold it for $5, then your trading loss would obviously be $5. If, on the other hand, your stock had paid you a dividend of $1, then your loss would be reduced to $4. Frequently, you're able to recover interest and attorney's fees as well.
What is considered malpractice with an insurance agent?
Malpractice on the part of an insurance agent is when the insurance agent fails to do something that other insurance agents would have done under the same circumstances. Oftentimes, this involves mistakes in an application for insurance or creation of gaps in insurance, or not securing the proper insurance, or failing to secure insurance altogether.
What is FINRA?
FINRA is the Financial Institution Regulatory Authority. It's going to be the body that resolves any dispute that you have with your broker. Typically, when you open a brokerage account, there's going to be a requirement that you resolve any dispute with your broker through FINRA.
Can I fire my lawyer?
You can fire your lawyer at any time. There might be monies that are outstanding and due under your retainer agreement. Before taking that step, you should have the agreement reviewed by a new lawyer.
Can anything be recovered if medical malpractice causes the patient to die?
Where a patient has died as the result of medical malpractice, damages can still be recovered, but they're going to be limited. The personal representative of the estate can bring a lawsuit against the healthcare professional on behalf of both the estate and the survivors. Those damages are considered separate, and those causes of action are considered separate, however.
Are there time limits to sue for injuries in a Florida medical malpractice case?
It is oftentimes difficult to determine the appropriate statute limitations in a medical malpractice case. Florida law provides that you must file suit within two years of the date of service, or two years from when you knew or should have known other malpractice. Where, however, there has been a fraud involved in which the malpractice has been hidden from you, you have up to seven years to follow your suit