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Can you sue an attorney who represented you in a divorce but was so incompetent that you incurred financial damages resulting from his negligence and he returned your retainer and did the job for free?
Wiki User
∙ 17y ago
as my law school professor was fond of saying, "probably yes and maybe not." 1. suit for negligence. clearly yes, provided you have a provable case and that can sometimes be hard. you must show that you lost due to his negligence or incompetence. many cases are just destined to be lost from the git go. (1/2 as a matter of fact, some would argue.) you must show that but for his incompetence, you would have won. You have mentioned, you must have incurred provable loss. the "loss" can sometimes be vague and hard to quantify. the fact that he returned your retainer and did the job for free strongly suggests a sort of "guilt complex" by the lawyer which would probably be admissible against him in court. BUT it might cut downn your damages since you weren"t not out any atty fee. all in all it depends on the type and degree of negligence and the amount of money damages you incurred.make sure he is insured before suing. otherwise, may not be much money there. you need to consult with local counsel. terrill corley tulsa
Wiki User
∙ 17y ago
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Can you sue an attorney who represtented you in a bankruptcy but you incurred financial damages resulting from his negligence?
Yes, if you can prove that the he actually was negligent, and that his negligence caused your financial damages.
What does negligence mean in the tort of negligence?
Negligence in the tort of negligence refers to a failure to exercise the level of care that a reasonable person would in similar circumstances. It is the cornerstone of a negligence claim and involves breaching a duty of care owed to another person, resulting in harm or injury.
Negligence by a professIONAl person is called?
Professional negligence. It refers to a situation where a professional fails to perform their duties with the level of skill and care expected in their profession, resulting in harm or damages to their client or patient.
Is a medical receptionist liable for negligence?
A medical receptionist can be liable for negligence if they fail to perform their duties with reasonable care, resulting in harm to a patient. Negligence could involve miscommunication, inadequate record-keeping, or failure to follow proper protocols that lead to negative outcomes for the patient.
What is negligence and what can happen because of your negligence?
Negligence, in the legal sense, is the tort or "civil wrong" in which an individual or entity acts in a irresponsible or negligent manner resulting in serious injury or death to another. As far as what can happen because of negligence, you can be sued and lose a great sum of money in order to pay back the injured party for "damages" incurred. The article below further discusses negligence and explains the elements involved in proving negligence in any one case.
In the tort of negligence the legal term 'injuria' means?
'Injuria' in the tort of negligence refers to the breach of duty owed by the defendant to the plaintiff. It signifies that the defendant's actions or inactions have caused harm or injury to the plaintiff, resulting in a legal claim for compensation. This term is essential in establishing liability and quantifying damages in negligence cases.
What is the difference between medical negligence and negligence?
Medical negligence specifically refers to situations where a healthcare professional fails to provide a standard level of care, resulting in harm to a patient. Negligence, on the other hand, is a broader term that encompasses any situation where an individual fails to exercise reasonable care, leading to harm or injury to another person. Medical negligence is a subset of negligence that relates to healthcare settings.
Can a person injured by negligence be sued in tort law?
Yes, a person injured by negligence can potentially be sued in tort law if their actions or lack of actions have caused harm to another person. Negligence involves failing to act with the level of care that a reasonable person would in similar circumstances, resulting in harm to others. The injured party may seek compensation for damages incurred due to the negligence of the other person.
Kit carelessly bumps into Luke knocking him down to the ground. Has Kit committed the tort of negligence?
Yes, Kit may have committed the tort of negligence if his actions were not careful or responsible, causing harm to Luke. Negligence occurs when someone fails to exercise a reasonable standard of care, resulting in harm to another person.
What does lost in a sleep of negligence mean?
"Lost in a sleep of negligence" typically means being unmindful or unaware due to neglect or lack of attention. It can refer to a state of being careless or indifferent, resulting in overlooking important details or responsibilities.
What is negligence act?
Negligence is a legal concept that refers to when a person acts carelessly or fails to act with a level of care that a reasonable person would in a similar situation, resulting in harm or injury to another person or their property. It forms the basis of many personal injury lawsuits.
Why is negligence the most common tort?
Negligence is the most common tort because it covers a broad range of situations where one party fails to exercise reasonable care, resulting in harm to another. The elements of negligence are easier to establish compared to other torts like intentional torts or strict liability, making it a common basis for lawsuits. Additionally, negligence can occur in various aspects of daily life, such as car accidents, slip and falls, and medical malpractice.
