Have you ever filed a lawsuit against an attorney? You likely have, if you’re anything like the millions of people who file a malpractice lawsuit against medical doctors, dentists, and other professionals each year. There is nothing wrong with filing a personal injury lawsuit. Indeed, it’s a very good way to go about protecting your rights as a victim. But you need to make sure that you don’t file too many lawsuits, or you’ll be running afoul of the Florida statute of limitations laws.
So how do you file your first-class personal injury lawsuit?
The best way is to hire a qualified attorney to guide you through the process. Don’t forget that you will have to obtain a written opinion from a “court-appointed” judge or out-of-state judge, stating the facts of your case and providing the required factual evidence to support your claims. This written opinion home residents are entitled to obtain from any credible legal professional who is not affiliated with a law firm, regardless of whether they are “in private practice”.
You have another option. If you are convinced your lawsuit was “wrongfully filed”, and believe you have viable proof that the defendant is liable for your injury, you may wish to opt for a class-action lawsuit rather than a lawsuit against an individual attorney. Many attorneys refuse to accept class-action certification, arguing that they lose fewer cases on such suits. However, anyone who has tried his or her luck with a law firm surely knows that the vast majority of class-action cases win awards in the tens of thousands of dollars. And in the rare instances that class-action plaintiffs are not able to gain a court ruling against an attorney on their merit, the judge may order the attorney to provide a punitive damages settlement, which typically will be substantially more than the fees the attorney would have been awarded under the terms of the lawyer’s contract.
In contrast, when a case proceeds against an individual attorney, the plaintiff will almost certainly pursue the same litigation expenses and attorneys’ fees that would be required if the case had gone to trial.
Therefore, the common interest agreement may serve to protect the assets of the attorneys who represent the named plaintiff in the lawsuit, while allowing those representing the defendant to reap whatever benefits can be obtained as a result of the lawsuit. Unfortunately, this cost-sharing agreement between the two sides usually does not result in an award that will ensure a reasonable settlement. This is because most states lack the resources to ensure that the defendant receives fair compensation, while the plaintiff often has little money to leverage in the lawsuit due to the prohibitive nature of personal attorney fees.
Another common situation involves a defendant who is immune from personal liability because he or she has a public record custodian who has signed an agreement permitting indemnification.
This arrangement is generally invalid because the custodian of a public record cannot consent to indemnify a non-custodial entity. If the plaintiff is successful in obtaining an award from the defendant based on the public records custodian’s indemnification agreement, the award will be substantially reduced because the state court is required to compensate the assistant state prosecutor who represented the defendant at the lawsuit. If the defendant’s public record custodian is also a plaintiff, his or her attorney is often unable to obtain an award of recovery from the defendant simply because the custodian of the public record was not associated with the lawsuit at all.
Private investigators are often hired to investigate a claim of legal malpractice. In many instances, these investigators will perform an analysis of the actual legal merits of the claim and will interview a variety of witnesses. Based on their findings, the private investigator will draw inferences, generally in support of the plaintiff, to determine whether the complaint has any merit at all. The plaintiff’s attorney will then file a complaint in the state or federal courts seeking a judgment of legal malpractice. In many states, the attorney is required to appear at a pre-trial conference to discuss the case with the defendant’s legal expert, to review all discovery, and to determine whether there is any basis for and issuance of a default judgment against the defendant.
Common Interest Agreements are referred to as CDA. A CDA is an agreement between the state attorney general and the attorney handling a particular case.
These common interest agreements generally provide that the attorney general will reimburse the state attorney general for costs that the state attorney general obtains, including, but not limited to, reasonable attorney fees. The attorney fees referred to in the clause “reimbursements,” generally include legal costs, expert witness fees, and any other costs that may arise out of the lawsuit.
The state of Ohio recognizes a broad range of causes of action. Some of the causes of action recognized by the state of Ohio include negligence, breach of warranty, consumer protection claims, conversion of property, nuisance claims, and unjustified seizure. It should be noted that the state of Ohio does not limit the cause of action that can be brought against an attorney general. An attorney general is responsible for determining which causes of action to bring against a party. If you have been injured or harmed as a result of negligence or another cause of action, you can bring a civil lawsuit against the individual responsible.
