Can I Sue My Workers’ Comp Lawyer for Legal Malpractice?
The ANSWER IS YES.
Getting hurt on the job and going through the workers’ compensation process comes with many challenges.
You might have life-altering injuries but must wait months or years to receive the proper benefits.
Having the right attorney by your side can make this process faster and easier. However, having the wrong attorney might leave you feeling unsatisfied.
At StangerLaw LLC, clients ask us, “Can I sue my workers’ comp lawyer?” We recommend you seek a second opinion from another workers’ compensation lawyer before settlement. It may be that you should get a new lawyer to handle your workers compensation, that is not StangerLaw LLC.
If you have been deprived of substantial six figure damages, we can help by suing your lawyer.
Learn how our Connecticut legal malpractice lawyer can assist you by calling (860) 561-0651 or sending us an online message today.
Our Practice is Limited to Connecticut
We handle Connecticut legal malpractice claims. We won’t review cases where financial losses are less than $100,000.
Suing Your Workers’ Compensation Attorney for Legal Malpractice
Connecticut courts recognize the tort claim of legal malpractice. Lawyers owe their clients a certain standard of care, and a client can sue their attorney if the attorney breaches this duty and causes substantial harm to the client.
Workers’ compensation lawyers are sometimes accused of legal malpractice, often because a client is not happy with a recommended settlement. Seek a second opinion from another attorney BEFORE you agree to a settlement.
Malpractice is most often due to workers’ comp lawyers not honoring their obligations such as competence and communicating with the client. Malpractice is far more often due to simple negligence and not intentional misconduct. Either way, a client can file a malpractice claim because of this breach of duty.
Settling Too Early in Workers’ Compensation Cases
The final settlement stage in workers’ compensation cases holds immense significance. At this point, the injured worker and their attorneys can negotiate a compensation package designed to address current expenses and future needs resulting from workplace injuries.
This often precludes future damages even if these are new unexpected related challenges or injuries.
Reaching Maximum Medical Improvement (MMI) is a key factor in these settlements. MMI signifies that the injured worker has recovered as much as possible or their medical condition has stabilized and will likely not change. Attorneys should only advise their clients to settle on the compensation for future damages from a claim once the client reaches MMI. This way, the parties can reach a settlement that includes current and future damages.
Unfortunately, some attorneys advise their clients to settle earlier than this point. Shortly after, the client’s medical condition could worsen and require additional care. A premature settlement may not account for the client’s worsened condition and may leave them without significant financial support.
What’s more, the type of payment you receive from the settlement can affect how you recover. Your attorney should ensure the settlement structure cares for your needs and doesn’t create risk.
For example, you might get a lump-sum payment in an early settlement, and you decide to spend much of it because your condition appears to stabilize. Months later, your health declines due to a latent or unforeseen injury.
Since you spent most of the lump sum, you can no longer afford to pay your medical bills. Talk to your doctor about whether you have reached MMI and what that means.
Failure to Properly Present a Worker’s Compensation Claim
Throughout a workers’ comp claim, a lawyer must present the claim to the insurance carrier and Worker’s Compensation Commission.
The lawyer must provide evidence, medical records, and other documentation to support the claim. Failing to present a case properly can be financially devastating for the injured worker.
Poor presentation can cause you to receive lower compensation than you deserve. It can even cause your claim to be denied if the lawyer doesn’t present all the necessary facts and evidence.
Common errors made by workers’ comp lawyers in presenting cases include:
- Failure to gather comprehensive medical records,
- Neglecting to secure crucial witness statements,
- Inadequate documentation of the injury, and
- Missing submission deadlines.
These oversights can cause you severe harm and are hallmarks of legal malpractice.
How Long After Settlement Can I Sue My Workers’ Comp Lawyer?
Under Connecticut law, you have three years to sue an attorney for malpractice. You have three years from the date of your attorney’s misconduct to file a lawsuit, or the court might dismiss your claim.
This rule has some exceptions, but they are rare and can be hard to prove. You should know that once you agree to settle, you likely can not obtain additional benefits. Get a second opinion from another workers comp lawyer, that is not StangerLaw LLC.
Schedule a Consultation with StangerLaw LLC
Were you expecting a six-figure workers’ compensation settlement? You may be entitled to compensation if your lawyer mishandled your workers’ comp claim.
Bruce Stanger has over 45 years of experience, many of them helping Connecticut residents file legal malpractice claims.
Call StangerLaw LLC at (860) 561-0651 or fill out the online form today to discuss your case and learn what options are available.
