Q: If a disability attorney ruined my disability case. Will I be able to file a legal melpractice on him?
My attorney failed to, communicate with me after numerous phone calls and emails. I had to write a review to get their attention for a.couple of says then nothing. I got a voicmail from a legal assistant at the firm that they messed my case up and to re apply like it's okay. I've waited 4.5 yrs to get approved. I was finally going to since I was approved for Medicaid star plus waiver program. I also read that there might be a chance to save my disibility claim.
A:
Yes a legal malpractice case is possible.
The first question is did the attorney act below the standard of care (malpractice).
The next question is did the attorney's malpractice cause you harm, that is does it cost you money.
You are required to mitigate your damages. Here, this would mean to reapply and get the benefits as soon as you can. Any money you lost or other harm you suffered would be part of the lawsuit against the attorney.
Any attorney taking on the legal malpractice case will evaluate if the amount of the potential recovery on the lawsuit warrants filing a claim or lawsuit.
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