If my ttorney dropped my case because the ins co refused to pay but the other party’s att. continued and got a settlement, can I sue them. My son is10

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If my ttorney dropped my case because the ins co refused to pay but the other party’s att. continued and got a settlement, can I sue them. My son is10

Asked on April 20, 2009 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may be able to sue your attorney for malpractice or failing to diligently represent you, but such cases are never slam dunks.

The fact that the other claimant got a settlement does not mean you and your child would win the lawsuit or get a settlement or you were entitled to one.

To win a legal malpractice case you would have to demonstrate that a capable attorney would have won the suit you hired him/her to bring, and that dropping it, without your consent, after the insurance company initially refused to settle was unprofessional and negligence or worse.

Get a lawyer ASAP as there is a short statute of limitations on lawyer malpractice.


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