Legal Malpractice: What You Need to Know

When you have had a real estate transaction fall apart or lost a personal injury or divorce case, you may feel like your attorney did not properly do their job and adequately represent your interests. While it can be frustrating and discouraging to have lost the case, you may file a claim against your attorney for legal malpractice. However, you need to keep in mind that not every mistake can be considered malpractice, and if you fail to prove that, you may face legal repercussions.

What is Legal Malpractice?

Similar to any other form of malpractice, legal malpractice refers to negligent actions or situations where an attorney fails to perform their duty as per the standards and codes of professional and ethical conduct. Not winning the case or getting the expected outcome is not enough to establish legal malpractice, however, if the attorney should have violated the Model Rules of Professional Conduct of the American Bar Association, you may have a valid claim.

How a Legal Malpractice Claim Works

To bring a legal malpractice action due to your attorney’s negligence, you will first have to establish that they did not provide the minimum standard of care acceptable within the law. A few examples of negligent actions that may lead to a legal malpractice claim include:

  • Failing to collect, assess, or prepare evidence needed to support your case
  • Not keeping you properly informed about your case or failing to seek authorization to carry out certain actions
  • Not submitting documents within the deadline so that they can be used in meetings or hearings
  • Committing professional or ethical violations, such as fee and billing abuses
  • Engaging in a conflict of interest

Even if you are able to establish that your attorney was engaged in wrongful conduct or committed legal ethics violations, you may not recover compensation unless you can prove that you incurred monetary losses due to the legal malpractice.

Proving Legal Malpractice

If your attorney has made serious mistakes in handling your case, you may consider filing a claim for legal malpractice with a personal injury lawyer Delray Beach CA trusts. Unfortunately, winning a legal malpractice case is quite difficult. Essentially, you must prove four basic things to win a malpractice case:

  • Duty: The attorney owed you a duty to provide you with legal services up to a minimum standard
  • Breach of Duty: The attorney breached that duty – they made a mistake, was negligent in their actions, or did not work as they agreed to do.
  • Causation: The breach of duty or wrongful conduct hurt you financially
  • Damages: You incurred monetary losses as a result of their malpractice

In other words, you must first prove that the attorney did not handle your case properly and made errors during the process. Then you must establish that the underlying case would have been won if the attorney did not mishandle it. Finally, you must prove that you suffered financial losses which you could have recovered from the defendant if the attorney won the case for you.

The statute of limitations for a legal malpractice is generally one year, but it may vary from state to state. It is best that you work with a skilled attorney and ask them to review the facts thoroughly to know whether you have a legal malpractice claim against your former lawyer.

The Law Office of Eric H. Luckman, P.A.Thanks to our friends and contributors from The Law Office of Eric H. Luckman, P.A. for their insight into legal malpractice.

Physician’s Credentials

Checking Your Physician’s Credentials

Today patients face a daunting task- deciding on their physician’s competence, experience, prior complaints, education, training, etc. The internet gives a patient a powerful tool to look behind the fluff and shine of a well written website touting credentials and examining the facts.

Most states today make this information freely available. Florida is among many states that publicly post practitioner profiles providing education, training, hospital privileges, financial responsibility basics, and most importantly- links to discipline and closed insurance claims against the physician.  The Department of Health’s Practitioner Profile Search and Florida’s MPL Claims.  Entering your state and “practitioner profile” into your search engine will bring up a wealth of online government data about the particular physician.

In addition to governmental resources, patients can confirm specialty board certification by linking to the American Board of Medical Specialties (“ABMS”) which makes available a wealth of information about what physicians must do to meet the standards of a certified specialist: . As a rule, I would recommend that patients choose physicians who have gone to the trouble of passing the rigorous written and oral examinations to become certified in their chosen medical specialty. While no guaranty of bedside manner it is a minimum indication of knowledge as determined by a physician’s peers. Failing to qualify for medical board certification should be a “red flag” to the patient to look deeper into a physician’s training, experience, and complaints.

Finally, most patients are probably aware that simply entering the physician’s name into a search engine will bring back the locations of several sites where general credentials are described and patient ratings are aggregated. Health Grades, ; Vitals ; and Web MD are just a few of these sites. Beware however, that patient reviews are subjective and represent only a small sample size of a physician’s patients and experience and are more representative of motivated patients than overall objective competence and should be taken with a large grain of salt.

Quick Tips For Motorcyclists In The Winter

Motorcyclists are almost always at a higher risk than other vehicles on the road when it comes to accidents. Plenty of motorcyclists live in areas where winter weather is more temperate and therefore they may be more prone to keep riding their bikes throughout the colder months. Even if you live in a region where snow and ice isn’t as common, it’s still a good idea to be prepared for winter weather conditions when you’re riding a motorcycle.

Below are a few tips to keep in mind when you are driving in winter weather conditions like snow, ice, sleet, rain, and fog.

Basic Driving Tips 

Some simple driving tips for motorcyclists can apply all year round:

  • Do not drive when you are tired.
  • Do not drive after consuming alcohol or controlled substances — including prescription drugs — that may impair your ability to control your vehicle.
  • Wear proper safety gear, such as a helmet, even if your state laws do not mandate it.
  • Make sure your tires have the proper amount of air.
  • Be wary of road hazards, such as potholes, which may compromise the stability of your motorcycle.

Tips For Driving In Snow, Ice, and Freezing Rain

Driving in winter weather conditions can be even more dangerous for motorcyclists. Winter storms can begin very quickly, sometimes leaving drivers little time to plan their driving routes. If you know that a storm is likely to begin, avoid driving your motorcycle until the weather clears. If you find yourself driving through difficult weather conditions, make sure to take extra care.

  • Drive at a reduced speed when necessary, and brake slowly. Motorcycles are lighter in weight than other vehicles and a small amount of snow or ice on the road could easily cause your bike to lose balance.
  • Never stop your vehicle while driving uphill.
  • Follow other cars at a safe distance and be careful when splitting lanes.
  • Keep your gas tank at least half full if the weather gets below freezing.

Contact an Attorney If You’re Injured in an Accident 

If you’re injured in a motorcycle accident — no matter what time of the year it is — it may be wise to contact an experienced motorcycle accident lawyer Las Vegas NV trusts for legal counsel. You may be eligible for financial compensation if you experienced losses due to someone else’s negligence.

At our firm, we want our neighbors, friends, and clients to be as safe as possible while the weather is colder. However, if you happen to get involved in an accident, a personal injury attorney from our firm would be happy to speak with you about filing a claim.

NvMThanks to our friends and contributors from Nadia von Magdenko & Associates for their tips on riding in the winter.

The danger of a bicycle crash on a carbon frame bike

Having a bicycle crash on a carbon bike is not like having an accident on a steel or aluminum bike.  Steve Harrelson of the Harrelson Law Firm knows about bicycles.  Having competed in numerous century rides around the country (including multiple finishes in both the Big Dam Bridge 100 and the Hotter’N Hell 100), Steve has been involved in and has seen numerous crashes.

Carbon frames and components

Unlike steel or aluminum, carbon does not bend in crashes. While carbon is lighter, stronger, and more flexible, the bikes will shatter in a violent collision, hurling the rider to the road and exposing the rider to more serious injuries.  Further, even if the carbon does not shatter in a crash, it may have cracked, causing the rider to be riding on a ticking time bomb.  That’s not something you want to think about while riding downhill at 40 mph.

Carbon components

Secondly, consider foregoing carbon spokes on wheels.  If a piece of gravel flies up off the road from the car or rider in front of you and hits a spoke, it can cause a catastrophic chain reaction that could lead to serious injury.  Carbon components are lighter and stronger, but you also need to consider safety.  Carbon spokes are one component that you should definitely pass on.  While carbon forks may be a more difficult issue to consider, they also are susceptible to cracking in accidents, and the fork is one of the most important components on the bicycle for safety.

The lighter the bike

The goal for most cyclists is to have the lightest bicycle possible.  Lighter generally means thinner carbon walls on the frame and components.  While ultra-light bicycles are enticing and attractive to help shave time off your next 100-mile ride, you should also consider safety issues in the event of a crash.  Yes, carbon is stronger than aluminum or steel, but thinner carbon walls in ultra-light bikes can translate to shattering in lower-impact crashes.  Further, we still do not know the perils of issues carbon frames may face after being exposed to the elements over extended periods of time.

For these reasons, if you have been involved in a bicycle accident due to the fault of someone else, it is imperative to hire a veteran litigator and experienced personal injury lawyer Texarkana trusts who has been involved in representing cyclists.

SHThanks to Steve Harrelson from Harrelson Law Firm P.A. for his added insight into the dangers of carbon frame bicycles in bike accidents.

Top 5 Types of Workers Compensation Claims


Workplace injuries are common in many different business settings, and the causes of these injuries can vary widely. Workers who have suffered injuries may understand the impact and strain that their jobs can have on their bodies. They may know that recovering from these injuries can be very difficult and can sometimes take a very long time. In some cases, workers who are injured on the job are not aware of their rights to file workers compensation claims, and put more effort into continuing their work than they do in their recovery.


Although there are countless kinds of workplace injuries, there are five types of workers compensation claims that appear most common. According to the U.S. Bureau of Labor and Statistics, the top five most common types of workplace injuries in a single year included:


  • Overexertion (33.2% of all workplace injuries)
  • Slips, trips, and falls (27.4%)
  • Dangerous contact with a piece of equipment or a falling object (22.2%)
  • Workplace violence and injuries caused by another person (6.3%)
  • Vehicle accidents (5.4%)


A more detailed review of injury classifications shows that there are five types of workers compensation claims that are frequently filed by injured workers. These categories of claims were calculated by data maintained by the U.S. Bureau of Labor and Statistics, Liberty Mutual, and the National Academy of Social Insurance. These five most common claims include claims that resulted in at least 6 missed days of work and which qualified the claimants for financial compensation:


  • Being struck by an object is the fifth most common claim. These injuries, which are the result of any object striking a worker and causing injury, account for 9% of injury claim compensation amounts.


  • Bodily reactions are the fourth most common type of claim. These injuries account for 10% of injury claims and are caused from reaching, standing, bending, climbing, or sitting.


  • Falling to a lower level is the third most common claim. These falls account for 10.5% of injury compensation claims. Although these accidents account for a smaller proportion of compensation claims than falls to the same level, the injuries may be more severe and may require extensive time off from work.


  • Falling on the same level is the second most common injury claim, and it accounts for nearly 16% of the all workers compensation awards. This type of claim is particularly common because these accidents can occur on any surface — especially when there is ice, rain, or snow. According to the U.S. Bureau of Labor and Statistics, there were over 34,000 such accidents in 2014 involving poor weather conditions.


  • Overexertion is the most common type of workers compensation claim. Injuries from overexertion can be caused by a range of physical activities, including: pushing objects, lifting objects, holding and carrying, or pulling objects. Claims for these types of injuries account for more than 25% of the financial compensation of all workers compensation claims across the country.

If you’ve been injured in a workplace accident, it may be wise to contact a Palm Beach County workers compensation lawyer with extensive knowledge and experience. Regardless of how your accident happened, you may be entitled to substantial financial compensation for your injuries.

Thanks to our friends and contributors from the Law Offices of Franks, Koenig & Neuwelt for their insights into workers compensation claims.

Personal Injury Claims For School Accidents

Accidents can occur anywhere without prior warning. School-aged children engage in many activities that can result in injury, such as sporting events on the playground. In some instances, children suffer personal injury at the hands of bullies on school property. Below is an overview of personal injury law and how it relates to accidents at school. If your child has suffered an injury under this circumstance, it may benefit you to speak with a skilled personal injury lawyer Minneapolis MN for advice.

Proving Negligence

It can be difficult to prove negligence when a child is hurt at school. There are a variety of scenarios that could result in injury such as violence from teachers or other students. To prove negligence on the part of the school, you must be able to prove officials or teachers somehow failed to keep your child safe or ignored a potential risk.

Types Of School Accidents

When children are at school, the school is charged with providing a safe learning environment. If the school fails to meet the appropriate standard of care and a child suffers injury, the school may be liable. Below are some ways children could suffer injury at school:

  • Equipment malfunction
  • Injury at the hands of a school employee
  • Injuries in an altercation with another student
  • Bus accident
  • Playground accident
  • Food poisoning
  • Slip and falls
  • Sports injuries
  • Natural disaster

Common School Injuries

Some injuries are more likely to occur at school than others. The following is a list of the most common injuries at school during the course of the day and at sporting events:

  • Bone fractures
  • Concussions
  • Sprains
  • Neck injuries
  • Facial lacerations and fractures
  • Back injuries
  • Serious bruising

Children who participate in contact sport activities at school may suffer catastrophic injuries, even with safety protocols in place. These injuries range from head injuries to spinal cord damage and are often associated with hockey, wrestling, gymnastics, cheerleading, football or soccer.

Who Is Responsible?

When your child is injured at school, there are certain instances in which the school may be held responsible for their injuries. Some of these instances include:

  • Improper supervision
  • Defective equipment
  • Lack of emergency preparedness
  • Exposure to dangerous substances
  • Improper food handling
  • Hiring employees without performing a background check

Filing A Personal Injury Lawsuit

If your child was hurt at school, the process for filing a lawsuit depends on several factors. First, is your child’s school a public school? If so, your state may have strict procedures you must follow to file a lawsuit against a government agency. If your child was injured at a private school, you may need to file your lawsuit as a civil action.


You may be able to receive compensation for certain types of damages if the school is found negligent and responsible for your child’s injuries. These damages could include:

  • Doctor bills
  • Ambulance costs
  • Hospital fees
  • Therapy bills
  • Cost of medical devices
  • Emotional distress
  • Pain and suffering

Personal injury cases are complex and difficult to navigate. For this reason, it is best to speak with a personal injury lawyer for advice. After reviewing your case, your lawyer will advise you as to the best way to proceed. Hiring an experienced attorney may help you obtain deserved compensation for proper care of your child.

JMThanks to our friends and contributors from Johnston Martineau PLLP for their insight into personal injury claims.

Should I Form an LLC for my Business?

You are faced with many questions when starting your business.  One of those questions is what type of entity should my business be.  Many businesses choose to operate as a limited liability company.  Operating your business as a limited company offers several benefits over operating it as a sole proprietorship or a C-corporation.

A limited liability company is a fairly new entity created in Texas law.  It has characteristics of both a corporation and a partnership. A limited liability company has members that are comparable to shareholders in a corporation.  These members receive liability protection like shareholders of a corporation do.  This means that members of a limited liability company cannot be held personally responsible for actions taken by the limited liability company.

One of the main differences in a corporation and a limited liability company is the way the company is taxed.  A corporation is subject to what double taxation.  First the corporation is taxed, and then the shareholders are taxed on the income received from the corporation.  A limited liability company has more options when it comes to taxes.  First, it can be taxed as a sole proprietorship or a partnership.  That means that the company’s income passes through the company to the members, and the members are responsible for paying taxes as if they were self-employed or were a partnership.  The company itself does not pay taxes like a corporation does.  It can also choose to be taxed as a C-corporation or an S-corporation.  In order to determine which form of taxation is right for your company, you should speak with an accountant who understands small businesses.

A limited liability company has the advantage of being more flexible than a C-corporation.  A limited liability company does not have to hold annual meetings like a corporation does.  It can also be formed with just one individual.  There are far fewer administrative requirements with a limited liability company, which means you can concentrate on running your company and not have to deal with the complications of a corporation.

If you are forming a new business, an experienced Arlington TX business law attorneys can advise you on the best strategy when forming your new business.

BAThanks to our friends and contributors from Brandy Austin Law Firm PLLC for their insight into forming an LLC.

Do I Need a Probate Lawyer?

When a loved one passes, a variety of issues typically arise. One question may be whether or not you need to retain the services of a probate lawyer. In considering the necessity of retaining a probate attorney, a number of factors should be considered.

Executor of an Estate

If you have been named the executor of an estate, your immediate response may be to retain legal counsel. In many cases, retaining legal assistance is a wise course when you have been appointed to oversee and address the affairs of an estate.

An executor is a person named in a last will and testament to ensure that the wishes of the deceased individual are carried out. The executor generally is required to ensure that valid debts of the estate are paid, that any taxes due and owing are satisfied, and to distribute the assets of the estate as directed in the last will and testament.

Unless the estate qualifies for a simplified probate process, or can bypass the formal probate process altogether, the executor will need to become involved with the probate court. Probate court procedures, and associated laws, are some of the most complex in the U.S. legal system. Thus, if a particular estate will be involved in probate court proceedings, an executor needs to consider the importance of engaging experienced legal assistance from a probate attorney.

Disputes Regarding an Estate

In a surprising number of cases, heirs or legatees of an estate can end up at odds with one another. If family members, and others, with an association to the estate are not getting along, or are involved in disputes associated with the estate, the involvement of a probate lawyer usually is a wise course to take.

There are a number of different ways in which a probate attorney can be of invaluable assistance in this type of situation. First, the representative of the estate itself, the executor if there is a will, or the administrator if there is no will, is best served by having an attorney assist in addressing or dealing with disputes. Second, an individual with a legal connection to the estate may also need a probate lawyer to make sure that his or her rights and interests are protected through the probate and estate settlement process.