What Is Legal Malpractice in a Personal Injury Case?

Legal malpractice happens when a lawyer fails to handle your case with the skill and care a reasonable lawyer would use, and you lose money because of it.

Not every bad outcome is malpractice. A lawyer can do everything right and still lose at trial. Malpractice is about mistakes a careful lawyer would not make: missing deadlines, ignoring your case, or settling without your permission.

When this happens in an injury case, the harm is real. You may still have medical bills, lost wages, and pain, but no case left to pay for them.

When Your Lawyer Misses the Statute of Limitations

Missing the filing deadline is one of the most common, and most devastating, mistakes in injury cases. Once the deadline passes, the court will usually throw the case out, no matter how strong it was.

In California, the main deadlines for injury cases are:

The six-month government claim deadline catches many lawyers off guard. If you were hit by a city bus, a county vehicle, or hurt on public property, your lawyer had to file a formal claim within six months. If they waited, your case may have been lost long before the two-year mark.

If your lawyer missed one of these deadlines, you cannot get your original case back. But you may be able to hold the lawyer responsible for what that case was worth.

Other Common Mistakes Injury Lawyers Make

Missed deadlines are not the only problem. Chris also reviews cases where a lawyer:

• • Settled your case without your approval

• • Sued the wrong person or company, or left out someone who was responsible

• • Missed court dates or ignored discovery, leading to sanctions or dismissal

• • Failed to collect evidence, medical records, or witness statements in time

• • Never told you about a settlement offer

• • Stopped returning calls and let your case sit for months or years

• • Mishandled settlement money or medical liens

What You Have to Prove: The “Case Within a Case”

To win a legal malpractice claim, you generally have to prove two cases at once.

1. 1. Your former lawyer made a mistake. They failed to act as a reasonably careful lawyer would. This usually requires testimony from an expert attorney.

1. 1. Your original injury case would have won. You must show you would have recovered money if the case had been handled properly, and how much you could have collected.

The second part is where an experienced injury lawyer matters most. Proving your original case means rebuilding it: the accident, the fault, your medical treatment, and the value of your injuries. That is the work Chris has done for injury clients for 20 years.

You Have Limited Time to Sue Your Former Lawyer

Legal malpractice claims have their own short deadline. Under California Code of Civil Procedure § 340.6, you generally must file within one year after you discover the mistake, or four years after it happened, whichever comes first.

That one-year clock can start as soon as you learn, or should have learned, what went wrong. In some situations, the deadline may be paused, for example:

• • While the same lawyer is still representing you on that matter

• • Until you have suffered actual harm from the mistake

• • If the lawyer hid the mistake from you on purpose

These rules are complicated, and the exceptions are narrow. If you suspect your lawyer missed a deadline, do not wait. Contact Chris right away so the same thing does not happen twice.

Signs Your Lawyer May Have Dropped the Ball

• • It has been close to two years since your accident and no lawsuit was ever filed

• • Your lawyer suddenly withdrew from your case or told you it “can’t be filed anymore”

• • You learned your case was dismissed and nobody told you why

• • You were hurt by a government vehicle or on public property, and no claim was filed within six months

• • Your lawyer will not return calls, emails, or share your file

What to Do Now

1. 1. Ask for your complete case file in writing. You have a right to it.

1. 1. Write down key dates: your accident, when you hired the lawyer, and when you learned of the problem.

1. 1. Keep every letter, email, and text from your former lawyer and the insurance company.

1. 1. Do not sign anything from your former lawyer releasing them or settling a dispute before you get independent advice.

1. 1. Call Chris for a free, confidential review as soon as possible.

Why Work With Chris on a Legal Malpractice Claim

• • 20 years handling injury cases. Chris knows how injury cases are built, valued, and settled, which is the heart of proving what your lost case was worth.

• • Willing to take on other lawyers. Some attorneys avoid suing colleagues. Chris’s loyalty is to you.

• • Bilingual in English and Spanish. Many clients are let down because nobody explained things clearly in their language.

• • Treats clients like family. You were already let down once. You will get honest answers and regular updates.

• • Free consultation. Talking with Chris costs you nothing.

Your lawyer’s mistake should not cost you your recovery. Call (562) 901-4664 or request your free case evaluation today.