My lawyer shouldn’t have settled my case. Are you the victim of legal malpractice?
Do you feel like you didn’t get a good settlement? Or your attorney failed to explain to you the terms of the settlement? Do you regret settling your case?
Did your attorney commit legal malpractice in giving you bad settlement advice?
Legal Malpractice Basics
Connecticut law favors private resolution of claims through settlements.
Attorneys giving advice to clients as to whether to accept or reject offers of settlement are still required to employ that same skill, knowledge, and diligence with which they pursue all other legal tasks.
The Connecticut Civil Jury Instruction on this issue reads as follows:
In advising a client concerning settlement, the attorney must exercise that degree of learning and skill which the average and ordinarily prudent attorney in that line of practice in Connecticut would apply under all the relevant circumstances. Consequently, the plaintiff must prove, by a preponderance of the evidence, not only that the defendant rendered certain settlement advice which the plaintiff followed to his financial detriment, but also that the advice given to (him/her) fell below the standard for lawyers in that field of practice in Connecticut.
Simple regret is not enough.
Legal Settlement Malpractice Factors:
Your attorney may have committed malpractice if:
- He failed to investigate the personal assets of the defendant and advised you to settle for the available insurance coverage. We run asset searches on defendants where a policy limit is likely to be reached. This way our clients have a better idea on the possibility of collecting a judgment over the insurance policy;
- He failed to present the full scope of your injuries to the defendant;
- He advised settlement because he failed to prepare your case.
Settlement Malpractice Conclusion
Settlements are serious business. They are the final resolution of all of your claims against a defendant. Know your rights.
If you find yourself in these or similar situations, I can evaluate your case. (860) 471-8333.