How do we establish what my legal malpractice lawsuit is worth?
Many times, a legal malpractice claim involves a case within a case. In those instances, our attorneys look at your original lawsuit that was botched and consider what you likely would have ended up with had it not been mishandled. Then we consider the harms and losses caused by having to bring the legal malpractice case to correct the problem.
For some claims, this is a fairly straightforward calculation. For example, if a contract dispute was negligently handled we may ask for the amount of the original contract plus funds to cover fees, missed opportunities, and any other negative effects of the claim.
For other claims, such as criminal malpractice, the harms and losses become more difficult to quantify. How do you place a price on missing out on an entire year with your children? How do you make up for a 20-year prison sentence that never should have been imposed?
In these situations, we review your case and cases like yours that have set a precedent. We look at every part of your original claim and ask “What would this client have ended up with otherwise?” From there, we can find numbers that make sense.
That's why it's important to work with lawyers specializing in medical malpractice. At Cooper Elliott, we understand the complex legal requirements involved with filing a medical malpractice lawsuit, and we know what it takes to win.