Californian residents like you who have been let down by your legal professional may be wondering whether or not their mistakes would be enough to be considered malpractice. We at Lange Law Corporation will take a look today at what differentiates mistakes from malpractice.
First, you must be able to prove negligence. It is undeniable that attorneys can and do make mistakes at times; they are only human, after all. While it can be tempting to judge an attorney’s actions and decisions harshly with the added benefit of hindsight, it is important to remember that attorneys are just regular people like anyone else. Not every mistake they make will be enough to be considered a breach in their duty of care.
Next, you need to show that the mistake caused damage. Even if it’s undeniable that the attorney did make a mistake that breached their duty of care, if you can’t prove that it could have resulted in damages against you, you won’t have a case. Finally, the damages that occurred to you must be significant. In essence, the costs of pursuing damages need to be less than the damages themselves.
If you have had the misfortune of being involved in any situation in which your trust in your lawyer has been betrayed and their negligence has led to a malpractice case, consider taking a look at our web site on legal malpractice here. You can learn more about how to identify negligence, along with whether or not your case could be considered a matter of malpractice.