My Lawyer Shouldn’t Have Settled My Case

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?

legal malpractice attorney ct
Did your attorney commit malpractice in settling your case? Contact a legal malpractice attorney in Connecticut.

Did your attorney commit legal malpractice in giving you bad settlement advice?

Did your lawyer commit dram shop notice malpractice? 

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:

  1. 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;
  2. He failed to present the full scope of your injuries to the defendant;
  3. 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.

Ryan McKeen is a trial attorney at Connecticut Trial Firm, LLC in Glastonbury, Connecticut. In 2016, he was honored by the CT Personal Injury Hall of Fame for securing one of the highest settlements in the state. He is a New Leader in the Law. ABA 100. Avvo 10. 40 under 40 for Hartford Business Journal. He has been quoted in Time Magazine, the New York Times, Hartford Courant, Wall Street Journal Law Blog and the Hartford Business Journal. He focuses his practice on Connecticut Personal Injury law. He loves what he does. Contact him ryan@cttrialfirm.com or 860 471 8333